The Who, What, Where, When, and Why of Employment Background Screening

From an internal investigation at work to children writing stories in their 3rd grade classes, we all need to know the “who, what, where, when and why” (“how” we will leave off for this blog) of any situation. I felt by explaining employment background checks in the same way, it would simplify the process for…

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Oregon Adopts “Ban the Box”

The state legislature of Oregon has already had a busy year passing laws pertaining to paid sick leave, non-compete agreements and social media employee privacy. Now Governor Kate Brown has signed into law House Bill 3025, restricting employers from inquiring about an applicant’s previous criminal history on an employment application (the law take effect January…

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Employers Use of Drug Screening Medical Marijuana Appplicants

In a landmark decision by the Colorado Supreme Court, it has been ruled that even though marijuana is legal in the state of Colorado, federally it still considered an illegal drug which would violate employers’ right to keep a drug free workplace. The decision stems from a five year legal battle involving Brandon Coats, a…

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New York Passes Law Restricting Credit Reports

New York is now the ninth state who has passed legislation restricting employers from utilizing applicant’s credit history when making an employment decision. Last week, Mayor de Blasio signed legislation NYC Int. 0261-A-2014, which amends the NYC Human Rights Law stating that it is an “unlawful discriminatory practice for employers to request or consider the…

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LinkedIn Not Considered a CRA

A federal judge in the Northern District of California dismissed a case brought by four plaintiffs last fall claiming that LinkedIn was operating as a consumer reporting agency (CRA). The plaintiffs claim that the site’s feature “Search for References” constitutes as a consumer report under the Fair Credit Reporting Act (FCRA). By accessing this information,…

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Whole Foods Violates FCRA

A class action lawsuit was filed against Whole Foods in Florida alleging Violations of the Fair Credit Reporting Act (FCRA). The suit filed on December 4, 2014 by a Tampa-based Whole Foods employee claims that the company’s background screening process violated the FCRA by failing to make proper disclosure and failing to obtain proper authorization…

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New York Trying To Ban Credit Reports

A group in New York is pushing Mayor Bill de Blasio to support a bill that would ban the use of credit reports in making an employment decision. The NYC Coalition to Stop Credit Checks in Employment claims that “Despite the widespread use of employment credit checks, there is no empirical evidence that the reviewing…

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New York Trying To Ban Credit Reports

A group in New York is pushing Mayor Bill de Blasio to support a bill that would ban the use of credit reports in making an employment decision. The NYC Coalition to Stop Credit Checks in Employment claims that “Despite the widespread use of employment credit checks, there is no empirical evidence that the reviewing…

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