By Pamela Q. Devata and Jennifer L. Mora
Seyfarth Synopsis: Each year, employers revisit and possibly modify their background screening policies and practices to account for newly enacted ban-the-box and other laws impacting background screening. Last year, we saw some major developments, which are highlighted in this blog.
Illinois
Illinois amended the Illinois Human Rights Act to make it
Continue Reading Another Busy Year for Employment-Purposed Background Checks: What Happened in 2021?
By Pamela Q. Devata and Jennifer L. Mora
Seyfarth Synopsis: On September 15, 2020, Hawaii Governor David Y. Ige signed Senate Bill 051, which narrows the scope of convictions that employers can use for hiring and other employment-related decisions. The new law is effective immediately.
In 1998, Hawaii became the first state to “ban the box,” prohibiting a private
Continue Reading Hawaii Expands Scope of Off-Limits Convictions for Employment Purposes
By Pamela Q. Devata, Esther Slater McDonald, John Drury, and Connor M. Bateman
Seyfarth Synopsis: As part of an evolving trend of narrowly interpreting the FCRA’s “standalone” disclosure and “clear and conspicuous” disclosure requirements, the Ninth Circuit has held that users of consumer reports may violate the FCRA and ICRAA by including “extraneous” state law notices and
Continue Reading The Ninth Circuit Demands Simplicity: Background Check Disclosure Forms That Contain State-Law Notices or Improper Grammar Violate the FCRA
Seyfarth Synopsis: In Spokeo, Inc. v. Robins, the U.S. Supreme Court held that a plaintiff must have a concrete injury to sue for FCRA violations. Following Spokeo’s remand, courts have held that consumers have standing to sue if their reports are inaccurate even if an inaccuracy did not adversely affect them.