LexisNexis® Legal Newsroom
Background Checks: Stepped-Up Enforcement of FCRA

By this time, most employers realize that the Fair Credit Reporting Act governs all types of employment-related background checks, not just credit checks. If and to the extent there was ever any question whether Google searches or searches of various social media sites constitute "background checks"...

Law in a Minute: Evidence of Applicant or Employee Convictions in Employment Decisions

I spoke this morning at a roundtable discussion regarding the use of criminal record information obtained through background checks and also data privacy and security at a Human Resources Committee roundtable hosted by the American Council of Engineering Companies of Arizona . It was a fun group...

Conducting Workplace Investigations

by Phyllis Katz Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC's Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (issued on June 18, 1999). The information contained...

New Federal Bill Would Ban Credit Checks on Employees and Applicants

Yesterday, I discussed some pending federal legislation that would expand the FMLA to cover part-time employees . Now, I hear that another bill introduced in the U.S. House of Representatives, known as the Equal Employment for All Act, would amend the Fair Credit Reporting Act to prohibit the use...

Class Action FCRA Lawsuit Challenging Defendant’s Employment Background Screening Disclosure Form Settles for $6.8 Million

by David M. Gettings , John C. Lynch , David N. Anthony and Alan D. Wingfield In a class action settlement that was recently granted final approval, Publix Super Markets Inc. agreed to pay nearly $6.8 million in a class action lawsuit settlement over background checks under the Fair Credit Reporting...

Food Lion Parent Company Settles Multi-Million Dollar FCRA Background Screening Class Action

by David M. Gettings , Tim J. St. George and Alan D. Wingfield On March 2, the plaintiff’s counsel in Brown v. Delhaize America, LLC submitted an unopposed motion for preliminary approval, seeking Court approval of another Fair Credit Reporting Act class action settlement. Employers should treat...

FTC Provides Guidance on FCRA Requirements for Employer Background Checks

by John L. Culhane, Jr. When examining banks and companies subject to CFPB supervisory authority for FCRA compliance, CFPB examiners will look at whether the bank or company has followed FCRA requirements for use of background checks on employees and job applicants. Those requirements were the...

An Injury Without an Injury? #SCOTUS, Standing, and the Fair Credit Reporting Act.

Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins . This case should answer a very important question for employers: Does a plaintiff have standing to bring a lawsuit for a technical violation of the Fair Credit Report Act if the individual suffered no resulting concrete harm...