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Labor & Employment Insights

Perspectives in labor and employment law affecting employers and businesses

Pre-Employment Background Checks

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More Box Banning? Trend to Prohibit Questions on Criminal History Continues

By Anne R. Yuengert on June 12, 2019
Posted in Discrimination, Pre-Employment Background Checks

Request for Criminal Background CheckCan you ask a job applicant criminal history? As with so many legal questions, the answer is “it depends” — on where you work, in this case. A recently enacted law will change this answer for Colorado employers beginning as early as September 1, 2019. In just a few months, both public and private employers…

Background Check Update: There’s A New FCRA Form in Town

By Anne R. Yuengert on October 24, 2018
Posted in Pre-Employment Background Checks

Background Check Update: There’s A New FCRA Form in TownIf you conduct pre-hire background checks, you know you have to comply with the Fair Credit Reporting Act (FCRA) or risk trouble (called lawsuits). Part of that compliance is providing notice to the applicant if you are going to take an adverse action based on the background check, along with a Summary of Your…

Background Checks are Still Big Litigation Business—Just Ask BMW

By Anne R. Yuengert on September 24, 2015
Posted in Pre-Employment Background Checks

Background Checks are Still Big Litigation Business—Just Ask BMWYet another reminder that everyone using criminal background checks in the hiring process needs to review their standards—BMW just entered a consent decree with the EEOC under which it will pay $1.6 million and offer to hire dozens of people previously rejected as having unacceptable criminal histories. BMW had (note the past tense) a…

More Focus on Employer Background Checks

By Anne R. Yuengert on November 20, 2014
Posted in Pre-Employment Background Checks

The focus on employment background checks is not going away. A few weeks ago I wrote about Dollar General’s $4 million dollar settlement of a class action lawsuit based on alleged violations of the Fair Credit Reporting Act (FCRA). Since that time, Publix Super Markets Inc. settled an alleged FCRA class for roughly $6.8 million…

When Did You Last Update Your Background Check Materials? Maybe It’s Time.

By Anne R. Yuengert on October 29, 2014
Posted in Pre-Employment Background Checks

When Did You Last Update Your Background Check Materials?  Maybe It’s Time.

Dollar General just agreed to pay $4 million to settle a class action background check case based on its alleged violations of the Fair Credit Reporting Act (FCRA). Marcum v. Dolgencorp, Inc., Civil Action No. 3:12cv108 (E.D.Va.). That’s right—$4 million for a FCRA case.

As you know, FCRA requires employers in the United States…

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