Pre-Employ Blog

2016 Background Check & Employment Screening Trends

Posted by Bob Mather on June 09, 2016

Class actions against employers requesting background checks on applicants or employees are mushrooming. In 2015, BMW, Calvin Klein, Chuck E. Cheese, Food Lion, Home Depot and Whole Foods paid settlements ranging from $716,400 to $3 million in Fair Credit Report Act (FCRA) lawsuits.

Surprisingly, this is just one of the many employment screening trends as reported by the Society of Human Resources (SHRM).

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Topics: FCRA, Adverse Action

The Dos and Don'ts of Adverse Action Protocols

Posted by Stacy Prewitt on May 04, 2016

Are your Adverse Action Protocols up-to-date and complaint with State and Federal Laws?

Hundreds of companies have recently been subject to significant financial penalties and civil lawsuits as a result of their failure to properly notify applicants or employees who were subject to some form of adverse action based upon information obtained from background checks. With the laws and interpretation ever evolving are you and your company protected by all the variables?

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Topics: FCRA, Adverse Action

The Adverse Action Nightmare: Are at Risk For Being Sued?

Posted by Bob Mather on April 19, 2016
Hundreds of companies have recently been subject to significant financial penalties and civil lawsuits as a result of their failure to properly notify applicants or employees who were subject to some form of adverse action based upon information obtained from background checks.
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Topics: FCRA, class action lawsuit, Lawsuits, Adverse Action, FCRA Compliance, Fair Credit Reporting Act

Disney FCRA Background Check Class Action Lawsuit Continues

Posted by Bob Mather on October 23, 2015

Employers were reminded On September 30th of 2015 that adverse action policies and procedures are a legal minefield if not handled with precision.

In his response to a motion filed with  the courts, Judge Steven Wilson granted plaintiff's motion to remand in the Walt Disney FCRA Class Action Lawsuit regarding pre-adverse action and adverse action procedures.

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Topics: class action, Adverse Action

Genesis Healthcare Wins FCRA Background Check Lawsuit

Posted by Bob Mather on October 21, 2015

 

 

In a great ruling for US based employers, U.S. District Judge Mark Kearney rules that Genesis HealthCare LLC (Genesis) did not violate the Fair Credit Reporting Act (FCRA) when it employed a third party to conduct a criminal history background check on a potential employee.

 

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Topics: FCRA, Adverse Action

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