Data Facts strives to keep our clients informed about the importance of diligent and consistent compliance in their background check processes. This article was written by Nadia D. Adams and originally published online at The National Law Review.

On November 29, 2018, the Ninth Circuit Court of Appeals issued a decision in Mitchell v. Winco Foods, No. 17-35998, 2018 U.S. App. LEXIS 33483 (9th Cir. Nov. 29, 2018); a Fair Credit Reporting Act (“FCRA”) case on appeal after the U.S. District Court for the District of Idaho granted the defendant’s motion to dismiss the case for lack of standing.

Topics: FCRA, Litigation avoidance, adverse action procedures, Employer hot topics, employer compliance, employment laws

*Portions of this blog were originally posted on Hunton Employment and Labor Law Persectives website, written by Sara Hamilton and Thomas P. Murphy.

The District of Columbia joins a dozen other jurisdictions across the country that prohibit an employer’s use of credit information as part of an applicant's background check used for employment decisions.  The new law, D.C. Act 21-673, amends the District of Columbia’s existing human rights law by adding credit information as a prohibited basis for discrimination for any employment decision (not just hiring) and applies to employers of any size.  

Topics: Pre-employment screening, FCRA, Credit Score, washington, dc, 2017 Hiring

Data Facts wants to educate our clients on compliant best practices with their background check policies. Simple errors can be considered a willful violation of the FCRA. Don't fall victim to expensive lawsuits due to negligence or lack of oversight!

~Originally posted at JD Supra Business Advisor by Abigail Green

In a case of first impression, the Ninth Circuit ruled that an employer willfully violated the Fair Credit Reporting Act (FCRA) by including a liability waiver in a disclosure and authorization form that it provided to a job applicant. As a result, the employer could be held liable for statutory damages ranging from $100 to $1,000, punitive damages, as well as attorneys’ fees and costs, even though the employee did not suffer any actual harm. Syed v. M-I, LLC, 2017 WL 242559 (9^th Cir. 2017).

Topics: Pre-employment screening, background check, FCRA, Litigation avoidance, background screening practices

Litigation against employers is on the rise, and companies must strive to protect themselves against hiring lawsuits.

Key hot litigation targets can cause big problems to employers who are not aware and prepared. 

Topics: background screening company, background check, FCRA, Litigation avoidance, negligent hiring, Employer hot topics

According to the U.S. Department of Labor, 62 million people volunteered at least once from September 2014 to September 2015.

Topics: Background screening, background screening company, background screen, FCRA, adverse action procedures, volunteer background check, volunteer background screening

It is a common practice for employers to perform a background check or review credit ratings of potential, and sometimes current, employees. Background checks that provide this type of information are helpful to employers when evaluating candidates for employment, as such information can help safeguard a business and limit exposure to liability for negligent hiring. When an employer runs background checks, however, they must be sure to comply with the many requirements laid out by the federal Fair Credit Reporting Act (FCRA).

Topics: background check, FCRA, Litigation avoidance

I’m telling you, every time I run across a CRA that is providing private database-only searches without verification, I get a sickly premonition akin to watching old footage of Patsy Cline singing “I Fall to Pieces.”

This practice of database-only criminal records reporting made news again recently in Chicago. A Chicago Tribune report revealed that a new ride sharing company, Uber, “did not check some of the criminal records of its drivers, allowing thousands of drivers to ferry passengers for months, despite not knowing whether or not they had felony convictions.”

The Tribune later determined that “the driver had a 2010 Cook County felony conviction for residential burglary, which should have barred him from partnering with the company”. Uber acknowledged their multistate background checks have missed an “unknown” number of county-level criminal convictions, including the Chicago ride-share driver’s felony.

Missing critical information is one thing that can go wrong for a CRA or employer when employing a database-only search. The other thing that can go wrong, the other side of the coin, is not missing offenses, but reporting information that should not be reported.

Topics: Pre-employment screening, Background screening, background screening company, background check, criminal records search, FCRA

Last week, we discussed several issues that employers needed to be aware of before using background checks in their hiring process. This week, we will expand on that information. (This information was taken from a joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission.)

Using Background Information

EEOC
Any background information you receive from any source must not be used to discriminate in violation of federal law. This means that you should:

Topics: Data Facts blog, Pre-employment screening, Background screening, Employment screening policy, background screening company, Criminal records, NAPBS, background screen, background check, criminal records search, FCRA, 2014 hiring, wordpress blog, Good hiring practices, EEOC

By Sharlyn Lauby

Topics: Data Facts blog, NAPBS accreditation, Background screening, Hiring, NAPBS, background screen, credit checks, background check, credit reports, FCRA, 2014 hiring, wordpress blog

By Leslie Fair

Topics: Data Facts blog, Data security, Identity theft, FCRA