Yes, it’s easy to win in this game of suing employers for violations of the Fair Credit Reporting Act (FCRA). Why is it so easy? Many companies, even large companies (just see list below), fail to comply with basic requirements of the Fair Credit Reporting Act. These requirements apply when an employer is ordering consumer […]

In February 2015 the General Accounting Office (GAO) released a report listing additional actions to enhance the completeness of FBI criminal records. Many people have been arrested and fingerprinted and photographed. Think about it, anyone can get arrested for almost anything. Perhaps charges were never filed, the case in almost half the records in the […]

Significant falsification of a company’s document allows that company to withdraw an individual from the hiring process. There is much written and discussed about EEOC and Fair Credit Reporting Act rules and regulations surrounding the proper use of background investigations. What is sometimes lost is the fact that any employer has an absolute right to […]

On February 20, 2015 the US 4th Circuit Court of Appeals (covering MD, VA, WA, NC & SC) found in favor of Freeman who was defending against an EEOC lawsuit.  In the case of EEOC v. Freeman the court considered a class action lawsuit pursued by the EEOC challenging the employer’s use of certain background […]

The EEOC charge against employers for misusing credit reports and criminal conviction searches in making employment decisions is becoming more and more frequent. I thought these types of EEOC actions against employers in this area would have been the most frequent. Recently I learned that retaliation charges against employers are the most frequent. For the […]