Legislative Alert: BMW Denied Dismissal


Screening News Update – August 21, 2015

Topics Include:

  • BMW denied dismissal in EEOC case
  • Class action lawsuit against Care First
  • How Snowden Almost Killed Safe Harbor

BMW Denied Dismissal

BMW is still embroiled in that disparate impact lawsuit filed by the EEOC back in 2013, and several recent attempts to get out from under the case have been unsuccessful.

The lawsuit alleges that the criminal background that auto manufacturer began doing in 2008 caused more than 100 minority employees to be booted from their jobs. BMW argued that the criminal checks were demanded by a logistics partner and comply with the letter and the spirit of the law. The company asked Senior U.S. District Judge Henry Herlong to dismiss the case, but the request was denied. The judge also denied BMW’s request for summary judgement.

A bench trial is expected sometime later this year.

Class Action Against CareFirst

Customers of CareFirst BlueCross and BlueShield in Maryland have filed a class action lawsuit against the insurance provider after their personal information was hacked. The security breach was announced back in May. The company provided two free years of credit monitoring for everyone affected, but the named plaintiffs say CareFirst’s practices were deficient because the company was aware of a previously attempted attack and didn’t adequately secure the computers that stored sensitive information. CareFirst has not publicly responded to the lawsuit.

How Snowden Almost Killed Safe Harbor

The U.S. and the European Commission have enjoyed a data-sharing deal since the year 2000. The Safe Harbor framework allows thousands of American and European companies to transfer data easily around the globe.

The program was on stable footing until 2013, when former NSA contractor Edward Snowden leaked details about U.S. spying practices. Within the leaked documents was evidence that the American government had been spying on European citizens and several heads of state. This revelation infuriated the European Commission and it demanded the Safe Harbor agreement to be renegotiated.

A new deal is now expected to be finalized by the end of the summer. The deal reportedly has much stricter rules for U.S. companies when transferring data to third parties. It will also allow both sides to monitor the use of Safe Harbor so the EU will be able to see how US authorities access their citizens’ data.

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Jennifer Gladstone

Posted By: Jennifer Gladstone

Jennifer Gladstone is a news anchor and journalist with more than 20 years of experience in front of the camera. She's worked in several markets, large and small, and has performed nearly every task needed in a newsroom. As EBI’s Screening News Editor, she keeps EBI’s customers and blog subscribers up to date on the latest screening news and legislative alerts affecting companies of all sizes.