Your Disclosure for Obtaining Consumer Reports should not contain a liability waiver. It would be wise to review your disclosure and made sure it does not contain wording similar to that contained in the following two cases. In a recent court case  Sarmad Syed v M-I, LLC waiver of liability in FCRA disclosure “The panel held […]

EEOC requirements mandate that employers keep records that will disclose the impact its employee selection procedures have on equal employment opportunities. Crothall Services Group, Inc., a nationwide provider of janitorial and facilities management services based in Wayne, Pa., was allegedly in violation of federal law requiring it to maintain appropriate records. According to EEOC’s complaint, […]

Faulty background checks can include doing the right things but not doing the right things in a timely manner. In a class action lawsuit against Starbucks, the plaintiff alleges that Starbucks was negligent in its timely execution of adverse action steps under the Fair Credit Reporting Act (FCRA) The Federal Trade Commission provides some basic […]

There is much misunderstanding surrounding the reporting of criminal convictions older than 7 years. As recently as this month there was an article in HR Magazine that stated “The FCRA (Fair Credit Reporting Act) permits consumer reporting agencies to report on convictions for only up to seven years. This statement is just not correct. The […]

To enforce a fingerprint record or allow a name/date of birth/address criminal record search was a question faced by the Public Service Commission of Maryland in late 2016.  Rasier and Lyft filed both filed with the Public Service Commission of Maryland a Petition  to waive applicable fingerprint-based background check requirements in lieu of their current […]