Legislative Alert March 2, 2016: Sprint's Motion to Dismiss Denied in FCRA Suit
Screening News Update
- Judge Denies Sprint's Motion in FCRA Suite
- Philadelphia Fair Practices Ordinance
- Poughkeepsie Bans the Box
Judge Denies Sprint’s Motion in FCRA Suit
A federal judge in Illinois has denied a motion to dismiss a lawsuit against Sprint for allegedly violating the FCRA. A Chicago man filed a complaint against the communications giant claiming its authorization and disclosure forms violate the FCRA. Roberto Rodriguez, Jr. claims the disclosure contained extraneous information and “includes a vast and limitless release of information that applies to third parties’ provision of information.”
Rodriguez hopes to gain class certification and wants the court to declare that Sprint willfully violated the FRCA. He is requesting statutory and punitive damage, legal fees and a jury trial.
Philadelphia Fair Practices Ordinance
Members of the Philadelphia City Council have introduced legislation that would make it illegal for employers to request a credit report from most job applicants and current employees. The bill would amend the “Fair Practice Ordinance: Protections Against Unlawful Discrimination” by prohibiting employers from using credit information for hiring, firing, promotion, discipline or any other facet of the employer/employee relationship. By credit information the amendment means any information regarding a person’s debt; credit worthiness, standing, capacity, score or history; payment history; charged-off debts; bank account balances or other information; or bankruptcies, judgments, liens, or items under collection.
The rules will not apply to members of law enforcement or those applying to positions that require the employee to be bonded, is in a supervisory role overseeing a business or division of a business, if credit information is required by state or federal law, or if the position involves significant financial responsibility or access to sensitive financial or proprietary information.
Poughkeepsie Bans the Box
Job applications for the City of Poughkeepsie, New York will no longer ask if the prospect has ever been convicted of a felony. The Common Council voted 7-to-1 to remove the question. The city will still run background checks, but the majority of the council felt the move would give everyone an equal opportunity to find a government job. One dissenting council member said banning the box automatically assumes someone with a record will not be hired. Lee Klein went on to say employers in the private sector want to be reasonably familiar with the person they are hiring, and that should go for employers in the public sector as well.