Legislative Alert

PROPOSED LEGISLATION

IOWA: “Ban the Box” bill introduced in Iowa

Summary: The “Ban the Box” bill would prohibit employers and employment agencies from seeking the criminal history record or criminal history from applicants for employment under certain circumstances.

Impact(s): Iowa employers

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MICHIGAN: Sen. Hopgood introduces bills regarding background checks for home health workers

Summary: State Senator Hopgood introduced three bills to close loopholes that currently allow home health workers to begin work without a background check.

Impact(s): Michigan home health employers

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FEDERAL: House Representative Keith Ellison introduces “The Credit Access and Inclusion Act of 2015”

Summary: The Credit Access and Inclusion Act of 2015 would allow utility and telecom companies and landlords to report on-time payment date to consumer reporting agencies.

Impact(s): Utility and telecom companies and landlords

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FEDERAL: House Representative Steve Cohen introduces "Equal Employment for All Act of 2015"

Summary: The Equal Employment for All Act of 2015 would amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.

Impact(s): All employers

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COURT OPINIONS

U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA: Court grants Home Depot's summary judgment on plaintiff's claims under FCRA and California's ICRAA

Summary: The court granted Home Depot’s summary judgment on the plaintiff’s claims under the Fair Credit Reporting Act and California’s Investigative Consumer Reporting Agencies Act, agreeing that the lawsuit was filed too late for either claim to be viable.

Impact(s): FCRA compliance – for general legal review

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U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS: Court denies Big Lots Stores’ request for dismissal of FCRA class action

Summary: A federal judge concluded that a plaintiff sufficiently alleged that Big Lots Stores, Inc. did not comply with the stand-alone disclosure requirement of the FCRA when it obtained a consumer report on a prospective employee, denying Big Lots’ motion to dismiss the class action. The court reached this conclusion based on allegations that the form used by Big Lots contained a liability waiver, as well as state notices and information on how data will be collected.

Impact(s): FCRA compliance – for general legal review

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OTHER UPDATES

NEW YORK: A.G. Schneiderman announces settlements with two major national retailers over violations of “Ban the Box” law

Summary: Attorney General Eric T. Schneiderman announced settlements with two major national retailers, Big Lots Stores and Marshalls, to “Ban the Box” on initial employment applications at their Buffalo stores. The settlement will ensure that both companies comply with the local Buffalo law that prohibits employers from inquiring into criminal history on initial employment applications. In addition to satisfying the requirements of the local ordinance, both companies have taken the additional step of removing such inquiries from applications to any store in New York State.

Impact(s):New York employers

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FAIR CREDIT REPORTING ACT: Class-action suit filed against Hibbett Sporting Goods for alleged FCRA violations

Summary: The suit alleges Hibbett violated the FCRA by failing to provide the plaintiff with a copy of the consumer report, a reasonable notice period in which to challenge any inaccuracy in the report or a written description of rights under the FCRA prior to taking adverse action.

Impact(s): FCRA compliance – for general legal review

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FAIR CREDIT REPORTING ACT: Court approves settlement in Home Depot FCRA class-action lawsuit

Summary: A federal judge approved Home Depot’s agreement to pay $3 million to resolve a class action alleging violations of the Fair Credit Reporting Act for failing to provide applicants with a standalone FCRA disclosure form.

Impact(s): FCRA compliance – for general legal review

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