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 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, 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
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
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
By Pamela Q. Devata, Robert T. Szyba, and Ephraim J. Pierre
Following the U.S. Supreme Court’s grant of certiorari on April 27, 2015 in Spokeo, Inc. v. Robins, No. 13-1339 (which we reported here), the Petitioner has weighed in with their brief.
As you may recall, the question before the Court has the potential to determine
Continue Reading Spokeo, Inc. v. Robins: Petitioner Argues If There Is No Actual Injury-in-Fact, Plaintiff Lacks Standing to Sue
By Pamela Q. Devata, Gerald L. Maatman, Jr., and Robert T. Szyba
Yesterday the U.S. Supreme Court granted the petition for writ of certiorari filed in Spokeo, Inc. v. Robins, No. 13-1339 (U.S. Apr. 27, 2015).
As we previously reported, the Spokeo petition poses a question with a significant impact on the future scope of consumer
Continue Reading The Supreme Court Grants Certiorari In Spokeo – No Harm, No Standing?