Fair Credit Reporting Act

By Pamela Q. Devata and Jennifer L. Mora

Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multi-million settlement with a national employer, which resolved litigation that claimed the employer’s use of criminal history had a disparate impact on minority job applicants. The announcement is a reminder to employers
Continue Reading EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices

By Pamela Q. Devata , Robert T. Szyba, and Stacey L. Blecher

Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has indicated its own concerns of potential discriminatory impact of the use of
Continue Reading Using Credit Histories in Employment Decisions: An Overview of Divergent State & Local Requirements

By Esther Slater McDonald, Seth J. Fortin, Wan LiRhea Yu, and Craig B. Simonsen

Seyfarth Synopsis:  The People’s Republic of China is making progress in implementing its mandatory “social credit system.”  Multinational businesses in China should be watchful of this system, and ready for it when it rolls out – if it hasn’t already.
Continue Reading Multinational Company in China – Are You Concerned About the Personal Credit System and Privacy Provisions in China? You Should Be!

By Pamela Q. Devata and Jennifer L. Mora

Seyfarth Synopsis: In the last three years, employers have seen a sharp increase in the number of employment class actions under the Fair Credit Reporting Act (FCRA). Most of the reported cases involve challenges to the employer’s procedures before ordering a background report. More recently, however, we are seeing more cases
Continue Reading Court Holds that Receiving an Updated Background Report May Require a Second Pre-Adverse Action Notice

By Pamela Q. Devata , Robert T. Szyba, and Stacey L. Blecher

Seyfarth Synopsis: On May 4, 2017, New York’s highest court, the Court of Appeals, held that the New York State Human Rights Law (NYSHRL) prohibits employers from discriminating on the basis of criminal conviction history. Entities that are not direct employers may also be liable, however
Continue Reading New York’s Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History

By Esther Slater McDonald

Seyfarth Synopsis: The New York Court of Appeals’ ruling on questions regarding the use of criminal convictions in hiring will impact employers and may impact the background screening industry, the temporary staffing industry, and other businesses requiring its affiliates or contractors to adhere to certain criminal history guidelines.

In Griffin v. Sirva, Inc., 835
Continue Reading N.Y. Appellate Court Scopes Out Liability: Using Criminal Convictions in Employment

By Pamela Q. Devata and Craig B. Simonsen

Seyfarth Synopsis: The FTC has adjusted its per violation penalties, in some cases by substantial amounts.

In a federal rulemaking published last week, the Federal Trade Commission (FTC) has finalized amendments to Commission Rule 1.98 to adjust the maximum civil penalty dollar amounts for violations of sixteen provisions of law. 81
Continue Reading FTC Raises Maximum Civil Penalties

By Pamela Q. Devata and Craig B. Simonsen

The Federal Trade Commission (FTC) has just released a report on Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (Report), January 6, 2016.

The FTC Chairwoman Edith Ramirez indicates in the FTC news release on the Report, that “big data’s role is growing in nearly every area of business,
Continue Reading FTC Publishes Big Data Report – Provides “Recommendations to Business”

In the second periodic installment of the Employment Law Lookout Blog Team’s analysis of employment law (and related) case being heard by the United States Supreme Court this term, read on for our take on Spokeo Inv. v. Robins.

Plaintiffs Without Injuries?  SCOTUS To Hear Arguments Whether
Plaintiffs Need to Show Concrete Harm To Establish
Injury-in-Fact for Article III Standing

Continue Reading ELL SCOTUS SERIES: # 2 – Spokeo, Inc. v. Robins