Legislative Alert Thursday April 21st: Major Names Pledge to Ban the Box

About 3 min

Legislative Alert Thursday April 21st: Major Names Pledge to Ban the Box


Screening News Update


  • Big Names Sign On To President's Ban the Box Plan
  • We Can't Hire You... So How About a Gift Card?
  • UBER Settles in California
  • Trucking Company Latest to Face FCRA Lawsuit



Big Names Sign On To President’s Ban the Box Plan

Google, American Airlines, Facebook, Starbucks, Coca-Cola and Hershey are just a few of the big names to sign onto the Obama administration’s effort to get ex-felons back to work. The companies that sign the “Fair Chance Business Pledge” agree to delay questions about a job applicant’s criminal record until it can be considered “in context.” The White House says a second round of pledges is expected to come later this year. The goal is to cut unemployment, underemployment and recidivism.

We Can’t Hire You… So How About a Gift Card?

If you applied for a job with Lowe’s Home Improvement stores between October 2012 and July 2015, you might be getting a $50 gift card as an apology for botched background checks. The company was hit with a class action lawsuit in 2013 alleging several FCRA violations ranging from improper adverse action to including a release of liability in their disclosure and authorization forms. Lowe’s is not admitting they did anything wrong, but the settlement could cost them more than $22 million once they have satisfied the more than 450,000 people affected. A federal judge will decide if the deal is acceptable sometime in June.

UBER Settles in California

While the ride-share giant admits no wrongdoing… it has agreed to settle lawsuits filed against it by prosecutors in San Francisco and Los Angeles. The District Attorneys say Uber misled passengers about the quality of their drivers’ background checks because they don’t include fingerprint checks like those required for taxi drivers. Uber agreed to pay a minimum of $10 million to the two cities, with an addition $15 million to be paid if they don’t fully comply with the terms of the settlement. Many of the required changes are wording changes already put into place as the result of other lawsuits. Uber no longer uses terms like “safest ride on the road” and doesn’t call its background “the gold standard.” An additional term of the agreement requires Uber to get approval to operate at area airports and to work with the state to make sure it is calculating fares the same way taxis do.

Trucking Company Latest to Face FCRA Lawsuit

J.B. Hunt Transport -- a trucking company that you have probably seen up and down the highway-- is the latest big name to be caught up in an FCRA lawsuit over its background check procedures. The suit, which was filed on April 7 th , claims the company didn’t tell prospective employees that they would be obtaining a copy of their credit reports during the hiring process. In addition to not disclosing the searches and failing to get authorizations, the company is also accused of not following adequate adverse action procedures before making hiring decisions. The plaintiff is seeking between $100 and $1000 per class member.

Employer Guide to Adverse Action

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