ENACTED LEGISLATION

GEORGIA: Georgia amends First Offender Act

Summary: Amendment to the Georgia First Offender Act expands protections retroactively. Thus, upon approval of the court and the prosecutor, a defendant who would have been eligible for sentencing under the Georgia First Offender Act may receive first-offender treatment and have the Georgia Bureau of Investigation modify his or her criminal record. However, the courts maintain discretion whether to grant such petitions on the basis that doing so would serve the welfare of society.

Impact(s): Georgia employers

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MARYLAND: Maryland enacts Second Chance Act of 2015

Summary: The Second Chance Act will allow Marylanders to clear minor charges from their records. Individuals who have a non-violent, misdemeanor criminal record can petition the court to shield court records and police records after a period of three years under certain circumstances and conditions.

Impact(s): Maryland employers

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PROPOSED LEGISLATION

FEDERAL: "Ban the Box" Bill Introduced in Congress

Summary: The Fair Chance Act was introduced in Congress as a bill to prohibit Federal agencies and Federal contractors from requesting that an applicant disclose criminal history record information before the applicant has received a conditional offer of employment.

Impact(s): Federal agencies and Federal contractors

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COURT OPINIONS

U.S. DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS: Court held that the FCRA preempts Massachusetts state law claims

Summary: The U.S. District Court for the District of Massachusetts recently held that the federal Fair Credit Reporting Act (FCRA) preempts Massachusetts state law claims for violations of the Massachusetts Credit Reporting Act and the Massachusetts Consumer Protection Act.

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

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U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA: Employer forming intent to revoke offer of employment not yet adverse action

Summary: The U.S. District Court for the Eastern District of Pennsylvania held that even if an employer formed intent to revoke an offer of employment, its internal decision to take an adverse action based on a consumer report does not violate the FCRA because an adverse action does not occur until the decision is communicated or takes effect. The court also emphasized the fact that the plaintiff had an opportunity to dispute information on the consumer report and the employer considered any additional information provided by the plaintiff before finalizing the adverse action.

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

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U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA: Court dismisses proposed FCRA class action against Kohl's

Summary: The U.S. District Court for the Northern District of California agreed to dismiss a proposed FCRA class action accusing Kohl's Department Stores Inc. of improperly running background checks on job applicants, finding that providing two separate documents—an employment application and an FCRA disclosure/authorization form—to applicants at the same time does not fail to satisfy the FCRA's "standalone" disclosure requirement.

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

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OTHER UPDATES

FAIR CREDIT REPORTING ACT: Another class-action lawsuit filed against Amazon for alleged FCRA violations

Summary: Amazon allegedly violated the FCRA by using consumer reports to make adverse employment decisions without first providing the person who is the subject of the report sufficient and timely notification and a copy of the report and a summary of rights under the FCRA.

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

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