Legislative Alert - Friday, April 14th, 2017: FCRA Lawsuit Tossed Out in Philly [Video + Transcript]

About 11 min

Legislative Alert - Friday, April 14th, 2017: FCRA Lawsuit Tossed Out in Philly [Video + Transcript]

Screening News

  • Judge Tosses FCRA Suit against SEPTA
  • REDEEM Act Moving Through Congress
  • Ireland Hitting Impaired Drivers Head-On



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Judge Tosses FCRA Suit against SEPTA

A federal judge in Pennsylvania tossed a proposed class action suit against the Southeastern Pennsylvania Transportation Authority, also known as SEPTA. The three named plaintiffs in the case claim they were not given a written disclosure that SEPTA was going to conduct a background check when they applied for jobs. The disclosure is required by the FCRA, but according to Law360.com, the judge in the case said that the omission was nothing more than a procedural violation. He also said the men could not show any concrete harm so they lacked standing to sue. There is another allegation that SEPTA violates the state’s Criminal History Record Information Act because they have a policy to reject any applicant who wants to operate a vehicle if they have a felony drug conviction on their record. The federal judge did not touch this piece because he does not have jurisdiction over state law.

RELATED: The FCRA & Background Checks: What Employers Should Know


REDEEM Act Moving Through Congress

A bipartisan group of Senators and Representatives have introduced bills that would expunge some criminal records after sentences are served. The goal of the legislation, which is being called the REDEEM Act, is to keep past mistakes from permanently preventing people from getting jobs after they have paid their debt to society. If passed the Act would seal records of nonviolent offenses once incarceration and probation are completed. It also raises the age of adult criminal responsibility to 18 and seals non-violent juvenile records committed after the age of 15.


Ireland Hitting Impaired Drivers Head-On

Starting this weekend, police in Ireland will have a powerful new tool in combatting drugged drivers. The officers will now carry special drug detection kits that will allow them to do oral fluid testing on drivers. The preliminary drug test can detect Marijuana, Cocaine, Opiates and Benzodiazepines. Impaired driving has taken a toll on Ireland. Last year, only 4 people had been killed on their roads before the Easter holiday, this year that number has skyrocketed to 47.


Join us April 26th for a free, HRCI / SHRM approved webcast:

The Step-by-Step Guide to Creating & Improving Your Background Check Policy

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