| Summary: The plaintiff alleged the defendant’s background check disclosure violated the Fair Credit Reporting Act because it included notices regarding background checks required under state law. The court declined to dismiss the Plaintiff’s claim at the pleading stage, finding the existence of these state law notices could constitute a willful violation of the FCRA. |
| Impact(s): FCRA compliance – for general legal review |
| Summary: A Commonwealth court panel ruled that a ban that blocks those with certain criminal records from working with the elderly is unconstitutional. The court held that the lifetime employment ban contained in Section 503(a) of the Older Adults Protective Services Act, 35 P.S. §10225.503(a), violates due process guaranteed by the Pennsylvania Constitution because it goes beyond the necessities of the case and is not substantially related to the Act’s stated objective of protecting older adults. The court reached this conclusion based on the Act allowing some individuals with disqualifying convictions to continue working for a facility if they had been with that facility for over a year before July 1, 1998. The court also noted that the lifetime ban is not specific enough, and lacks fine-tuning because it treats all the enumerated crimes, regardless of their vintage or severity, as the same even though they present very different risks of employment. |
| Impact(s): Pennsylvania healthcare facilities |
