Legislative Alert – LinkedIn Use Illegal?

About 6 min

Legislative Alert – LinkedIn Use Illegal?

Screening News Update – October 30, 2014



 This Screening News Update Legislative alert contains BOTH a text and a video version.

Topics include:

  • Is the use of LinkedIn illegal?
  • E-Verify is purging old files.

LinkedIn in Trouble?

Networking is essential in business, and the creators of LinkedIn capitalized on that. But could your use of the popular professional tool be causing you to unwittingly break the law?

Four plaintiffs say they lost job opportunities because prospective employers decided not to make a job offer after looking them up online. They claim this is a violation of the Fair Credit Reporting Act (FCRA).

The key element here is the “Search for References” link. This allows employers to get a report with details about an applicant’s work history. They can also check out the profiles of people the candidate has listed as references and even send them private messages.

The crux of the lawsuit is that candidates are not notified when an employer runs a reference report on them. The plaintiffs allege employers made hiring and firing decisions based on the information obtained without the applicants’ consent, and that there was no way to ensure the accuracy of the references. The applicants were also denied the benefit of an adverse action notice that would have been required had the check been done through traditional channels

E-Verify 10-Year Purge

On January 1, 2015, the U.S. Citizenship and Immigration Services (USCIS) will start destroying E-Verify records that are more than 10 years old. This is a mandated disposal, but there is still time for employers to get a list of all their transactions.

The “Historic Record Report” will include all transaction records for cases more than 10 years old. If you have been an E-Verify participant since BEFORE December 31, 2004, you will be able to download your report so those records are not lost for good.

The reports are available from now until December 31st.

Ban the Box News

Ban the Box efforts are spreading rapidly on the city level. Officials in St. Louis announced they will ban the box on all city job applications… effective immediately.

Roanoke, Virginia will remove the question on applications for most job openings within the city by January.

The Atlanta City Council also passed the ordinance, so questions about criminal history will no longer appear on city job applications… unless state or federal laws require it for a particular position.

On the flip-side, Lancaster County, Pennsylvania’s government has announced it will NOT follow Lancaster City’s lead in this area. The city recently stopped asking the question about a month ago.


Employment Background Investigations is a technology driven leader in domestic and global pre-employment background checks, drug testing, occupational health screening and I-9 compliance. We specialize in development, implementation and management of customized employment screening programs for large and multi-national clients. We are dedicated to information security.  EBI is the only NAPBS Accredited background screening company in the world to hold both an ISO 27001:2005 certification for information security and an ISO 9001:2008 certification for Quality Management.

All content provided by EBI is published for the convenience of its readers and should never be deemed as legal guidance or advice.  Always consult your legal counsel for specific advice on state laws and industry regulations.


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