Credit reporting law doesn't give job seekers a right to explain criminal history, 8th Circuit says

by Debra Cassens Weiss - ABA Journal

A job applicant turned down for a job because she didn’t disclose her criminal history can’t sue the employer in federal court for a violation of the Fair Credit Reporting Act, a federal appeals court ruled on Tuesday.

The St. Louis-based 8th U.S. Circuit Court of Appeals said the rejected applicant, Ria Schumacher, did not have standing to pursue her case because the FCRA does not require employers to give job applicants a chance to explain the information uncovered in their consumer reports.

Read more: https://www.abajournal.com/web/article/credit-reporting-law-doesnt-give-job-seekers-a-right-to-explain-criminal-history-8th-circuit-says

Arizona Strengthens Background Check Requirements for Nursing Home and Skilled Nursing Facility Employees

by Nonnie L. Shivers, Aaron S. Nava - The National Law Review

On March 18, 2022, Arizona Governor Doug Ducey signed nineteen bills into law, including, most notably for nursing home and assisted living facility employers, Senate Bill (SB) 1242, which strengthens employee background checks.

Read more: https://www.natlawreview.com/article/arizona-strengthens-background-check-requirements-nursing-home-and-skilled-nursing

Sands Shift for Background Screening for Manufacturers

by Kristina H. Vaquera, Shaun M. Bennett - The National Law Review

Manufacturing employees have a hand in everything that our country produces. Naturally, manufacturers want to know their employees are reliable and trustworthy. Manufacturers are taking steps, including background checks, to ensure a single hire does not inadvertently cause liability.

Read more: https://www.natlawreview.com/article/sands-shift-background-screening-manufacturers

Recent Holdings Contain New Defenses to Class Actions

by Robert T. Quackenboss, Lukas Moffett - The National Law Review

Of the many class action-related decisions from the last year, two courts issued holdings that are particularly relevant to defending against class action lawsuits (particularly in the context of the Fair Credit Reporting Act (FCRA)).

Davis v. Universal Prot. Services, LLC, No. 20-CV-01758, United States District Court for the Eastern District of Pennsylvania:

In Davis, the plaintiff (and putative class) alleged that the defendant violated the FCRA by (1) procuring a criminal background check on her; (2) relying on the contents of the criminal background check; and (3) failing to provide her FCRA-compliant notice prior to determining that she was ineligible for employment. The plaintiff alleged that the defendant’s failure to provide FCRA-compliant notice caused her harm by preventing her from challenging and/or having a meaningful discussion about the contents of her criminal background check report.

Read more: https://www.natlawreview.com/article/recent-holdings-contain-new-defenses-to-class-actions

Wisconsin Supreme Court Strengthens Employers Defenses in Some Arrest and Conviction Record Discrimination Cases

by Christina L. Wabiszewski - Foley

The Wisconsin Supreme Court recently released its decision in Cree, Inc. v. Labor and Industry Review Commission, overturning long-established precedent regarding when an applicant with a domestic violence conviction record may be disqualified from the position because the conviction is “substantially related” to it. Wisconsin Stat. § 111.335(3) prohibits discrimination based on an applicant’s or employee’s arrest or conviction record unless the record is “substantially related” to the underlying position.

Read more: https://www.foley.com/en/insights/publications/2022/04/wi-supreme-court-strengthens-employers-defenses

Oklahoma House Passes Consumer Data Privacy Bill

by Husch Blackwell LLP, David Stauss - JDSupra

Keypoint: As it did last year, the Oklahoma House passed a consumer data privacy bill.

On March 23, 2022, the Oklahoma House voted 74-15 (with 11 excused) to pass Representative Collin Walke’s HB2969 – the Oklahoma Computer Data Privacy Act. The bill now moves to the Senate. Last year, the Oklahoma House also passed a version of this bill, only to see it stall in the Senate Judiciary Committee. The bill is generally based on the California Consumer Privacy Act (CCPA) although it contains notable differences.

Read more: https://www.jdsupra.com/legalnews/oklahoma-house-passes-consumer-data-1214140/

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

by Rod Fliegel and Garrick Chan - Littler

Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v. Hamrick. As a result of this decision, companies doing business in California can no longer rely on their background check companies to provide criminal record searches routinely for courts in various counties, including Los Angeles. The court of appeal’s opinion did not involve an employment dispute, but had a significant incidental effect on employment screening by impeding the process that background check companies use to “match” candidates to court records. Such matching is required by the fair credit reporting laws, including the federal Fair Credit Reporting Act (FCRA). If enacted, Senate Bill (SB) 1262 should reverse the slowdown by again allowing public access to the “identifiers” that background check companies use in the matching process, including the defendant’s date of birth.

Read more: https://www.littler.com/publication-press/publication/bill-seeks-alleviate-slowdown-criminal-background-checks-california

Court: Employer didn’t discriminate when it rejected applicant with domestic violence conviction

by Erik Gunn - Wisconsin Examiner

A Racine manufacturer acted reasonably when it withdrew a job offer from an applicant convicted of domestic violence, the state Supreme Court ruled Thursday.

In a 4-3 decision, Justice Jill Karofsky stated that Cree Lighting didn’t discriminate unlawfully when it rescinded its offer to hire Derrick Palmer in 2015 after the company learned of his conviction three years earlier in violent attacks on his girlfriend that included strangulation and sexual assault.

Read more: https://wisconsinexaminer.com/2022/03/10/court-employer-didnt-discriminate-when-it-rejected-applicant-with-domestic-violence-conviction/

‘Brexit dividend’ rule change prompts fears over data flow with EU

by Kate Beioley - Financial Times

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https://www.ft.com/content/8da85688-76f0-4a97-9e58-f701f3488d78

Four years ago, UK businesses were scrambling to overhaul the way they collected workers’ personal information before sweeping new data protection rules came into force, in May 2018. Now, business leaders wonder if they will have to rip up the rule books again — as a result of the British government’s plans for an independent, post-Brexit, data regime.

Read more: https://www.ft.com/content/8da85688-76f0-4a97-9e58-f701f3488d78

What Employers Should Know About the New California Privacy Law

by Davis Wright Tremain LLP, Mark Berry, Grace Thompson - JDSupra

Beginning January 1, 2023, companies with employees or contractors in California may need to comply with a new, robust data privacy law. In 2020, California voters approved the California Privacy Rights Act (CPRA), which modified the existing California Consumer Privacy Act (CCPA), broadening its obligations from consumer information to employment data (among other changes)

Read more: https://www.jdsupra.com/legalnews/what-employers-should-know-about-the-4366208/