EEOC & FCRA

It's Valentine's Day! A day for love, lollipops, and loyalty. It's also the perfect time to remind you cheaters never win. Especially if you try to cheat your way into a job. Drug testing, employment eligibility verification, and even banning discussions about salary, are leveling the playing field for many job hopefuls. At first glance, some might argue these pre-employment safeguards are making it harder for candidates to land jobs. But if you look closely, these measures are beneficial to skilled workers and the companies who seek them. The EBI Screening News Weekly Wrap presented by Jennifer Gladstone shows us why.  

Screening News Weekly Wrap: February 14th, 2020
Top 5 Background Screening Trends for 2020

Topics like medical marijuana, Ban the Box, and Artificial Intelligence (AI) are sure to grab a lot of headlines in 2020, but are they really the HR trends to which you need to pay attention? Not according to the data. We surveyed hundreds of HR professionals, recruiters, and generalists who use screening following the SHRM Annual Conference about what trends you’re watching in 2020. Here’s what’s on your radars.

Top 5 Background Screening Trends for 2020

Fact checking is a huge component of background screening. Whether you’re the business owner or the employee, it’s important to verify the information included in a background check report. EBI knows quality matters and we’re proud to share we have nearly perfect accuracy. But as this week’s EBI Screening News Weekly Wrap presented by Jennifer Gladstone shows us, when you don’t double-check the facts things can go wrong – quickly. And the implications can be disastrous. Please note there will be no Screening News Updates during the week of November 24th and the EBI offices will be closed Thursday and Friday for Thanksgiving with our families. 

Screening News Weekly Wrap: November 22nd, 2019
Adverse Action: An Employer’s Guide

Adverse action is a requirement of the Fair Credit Reporting Act, or FCRA. The FCRA governs how the information for consumer reports is collected and the steps employers must take if they make an adverse decision based on information gathered by a third party background screening company. These companies are known as Consumer Reporting Agencies (CRAs).

Adverse Action: An Employer’s Guide
FCRA Compliance: What You Need to Know

“FCRA” is the abbreviation for the “Fair Credit Reporting Act”. This federal law was enacted in 1970 and was originally designed to help consumers resolve inaccuracies in their credit reports. In 1996, the scope of the FCRA was expanded to include other reports about consumers, including background reports prepared for employment screening purposes. FCRA Compliance is mandatory for any employer using a third party to conduct background checks.

FCRA Compliance: What You Need to Know
Courts Shut Down Professional Plaintiff

Businesses have always had to worry about frivolous lawsuits. Con-artists “slip” and fall, others find a bug in their food. Sometimes the hot coffee is just too hot. All of these kinds of things have cost companies money over the years, but now some of those who are out to make a quick buck are evolving.

Courts Shut Down Professional Plaintiff
How Just v. Target Differs from other FCRA Complaints

I have written countless articles about FCRA lawsuits over the last few years, and it seems they almost always end with the big-name company paying out millions to make the case go away. So I was intrigued by the judge’s decision to dismiss a recent case against Target, saying he did not believe the company “willfully” did anything to break the law. I reached out to our friend and expert Mary Poquette to try to figure out why this case ended so differently.

How Just v. Target Differs from other FCRA Complaints
The Supreme Court Makes Long-Awaited Decision in Spokeo FCRA Case

  Hoping it would stem an ever-rising tide of class action litigation under the Fair Credit Reporting Act (FCRA), employers and their background screening partners have been waiting for the U.S Supreme Court to rule in Spokeo, Inc. v. Robins. The question presented to the Court was whether actual damages must occur in order for a legal complaint to have “standing” to sue, meaning there is a basis for the plaintiff to challenge the conduct in court.

The Supreme Court Makes Long-Awaited Decision in Spokeo FCRA Case
Privacy Shield Framework Released

If you are anxious for more details about the new EU-US Privacy Shield agreement, you are in luck. The entire framework can now be found here. This plan guarantees that private information from EU citizens will receive the same protections in the US as it would if the data was being used within the European Union. If a company does not agree to comply, they cannot export electronic information to the US.

Privacy Shield Framework Released
FCRA Cases and the Justice Antonin Scalia Void

Employers and their background screening partners were optimistic a Supreme Court ruling in Spokeo v. Robins would establish an actual injury requirement for FCRA-based class action cases to advance through the courts. The Spokeo ruling was expected to settle the controversy created by divided lower court decisions on whether “no-injury” cases have legal standing based upon statutory violation alone or if specific injury must occur.

FCRA Cases and the Justice Antonin Scalia Void

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Happy Monday from Maryland.