Category: CA Employment Law

Tenessee Congressman introduces legislation to amend FCRA

Congressman Steve Cohen (D-Tennessee-09) has introduced legislation in the U.S. House of Representatives – H.R. 645, to amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions. Read the full text here

Wednesday April 3rd, 2013 in Background Checks, CA Employment Law, Employment Screening, Human Resources, Negligent Hiring, Tenant Screening | No Comments »

Legal Briefing: Discrimination as a Substantial Motivating Factor

Story reported by: By James E. Hall, Mark T. Kobata and Marty Denis, workforce.com Wynona Harris, a bus driver employed by the city of Santa Monica, California, was fired on the same day she submitted a doctor’s note to her supervisor stating that she could continue working through her pregnancy with limited restrictions. Harris sued, [...]

Tuesday March 19th, 2013 in Background Checks, CA Employment Law, Employment Law, Human Resources, Negligent Hiring | No Comments »

CFPB issues new requirements for employers regarding credit checks

Employers who conduct background or credit checks on job applicants or current employees, take note: The Consumer Financial Protection Bureau (CFPB), the primary enforcer of the Fair Credit Reporting Act (FCRA), recently issued new forms that employers must begin using effective January 1, 2013. What is the FCRA, and what does it require? The FCRA [...]

Wednesday March 13th, 2013 in Background Checks, CA Employment Law, Employment Law, Employment Screening, Human Resources, Negligent Hiring, Tenant Screening, Tenant Screening Laws | No Comments »

Woman allegedly raped by coworker: Is it negligent hiring?

An environmental response company and its staffing agency were sued for negligent hiring after a temporary worker was allegedly raped by a coworker while on assignment in the wake of the Deepwater Horizon (Deepwater) oil rig explosion. What happened. Miller Environmental Group, Inc. (MEG), a New Jersey firm, was contracted to provide emergency cleanup services [...]

Friday February 1st, 2013 in Background Checks, CA Employment Law, Employment Screening, Human Resources, Negligent Hiring | No Comments »

FTC Submits Testimony to U.S. Civil Rights Commission on Fair Credit Reporting Act

The Federal Trade Commission submitted written testimony to the U.S. Commission on Civil Rights regarding the Fair Credit Reporting Act (FCRA) and the use of consumer reports in employment. The Fair Credit Reporting Act promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies (CRAs). The FTC testimony describes some [...]

Tuesday December 18th, 2012 in Background Checks, CA Employment Law, Employment Law, Employment Screening, Negligent Hiring | No Comments »

California Federal Court upholds right to equitable relief under FCRA

The Fair Credit Reporting Act (FCRA), enacted by Congress in 1971, was put into place because the banking system is dependent upon fair and accurate credit reporting and unfair credit reporting methods undermine the confidence of the public in that system. The three major credit reporting agencies (CRA’s), Experian, Trans Union, and Equifax, just suffered [...]

Tuesday November 27th, 2012 in CA Employment Law, Employment Law, Human Resources, Negligent Hiring | No Comments »

Security Industry Association Sends Letter of Opposition to Michigan

source: PRweb.com The Security Industry Association (SIA) has expressed its opposition to legislation that circumvents current law in the State of Michigan by weakening background checks on security system installers in that state. We are greatly concerned that the legislation would ignore or provide loopholes in state and federal criminal background check requirements. The Security [...]

Friday November 2nd, 2012 in Background Checks, CA Employment Law, Employment Law, Employment Screening, Human Resources, Negligent Hiring | No Comments »

Coaches will be checked for backgrounds

After months of debate, Shelbyville’s city council passed a revised background screenings policy for youth sports coaches Thursday night. Each league playing on city-owned or leased property will be responsible for background checks. City attorney Ginger Shofner recommended last week that leagues handle checks because they would become public record if conducted by the city. [...]

Friday September 14th, 2012 in Background Checks, CA Employment Law | No Comments »

For Employers Who are Still Confused about EEOC Guidance

Though employers have had a few months now to become familiar with the U.S. Equal Employment Occupation Commission’s guidance on the use of criminal background checks, questions and confusion about how best to respond have only grown. The guidance, issued April 25, is broad in its scope and specificity, essentially recommending that employers now only [...]

Tuesday August 14th, 2012 in Background Checks, CA Employment Law, Employment Screening, Human Resources, Negligent Hiring | No Comments »

HireRight to Pay $2.6 Million Penalty for Multiple Violations of the Fair Credit Reporting Act

FTC Charges HireRight Solutions Incorrectly Listed Criminal Convictions on Reports of Some Consumers An employment background screening company that provides consumer reports to companies nationwide will pay $2.6 million to settle Federal Trade Commission charges that it violated the Fair Credit Reporting Act by failing to use reasonable procedures to assure the maximum possible accuracy [...]

Thursday August 9th, 2012 in Background Checks, CA Employment Law, Employment Law, Employment Screening, Human Resources | No Comments »