background investigations/checks

On June 25, 2021, the United States Supreme Court held that class members who could not establish “concrete harm” flowing from alleged statutory violations of Federal Credit Report Act (“FCRA”) lacked Article III standing to seek relief in federal court. (Transunion LLC v. Ramirez, No. 20-297 (U.S. June 25, 2021).

Factual Background

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In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair Credit Reporting Act (FCRA) to conduct pre-employment background checks on candidates. In addition to FCRA, we also discuss how “ban the box” and credit check laws play a role in screening potential employees. Be sure to tune in for more information on how these laws can affect both employers and candidates.

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A Pennsylvania federal district court has dismissed a lawsuit seeking to declare unconstitutional a Philadelphia ordinance making it unlawful for employers to inquire into a job applicant’s wage history during the hiring process.

As we previously reported, the Chamber of Commerce for Greater Philadelphia (the “Chamber”) sought to enjoin the new city law in

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In the inaugural “The Proskauer Brief” podcast episode, senior counsel Harris Mufson and associate Laura Fant discuss New York City’s new salary history law, noting that employers should be actively taking steps to prepare for October 31, 2017, when the law will go

The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law (“NYSHRL”). Section 296(15) states that it is an unlawful discriminatory practice to deny employment based on past criminal offenses

Beginning in 2017, Connecticut and Vermont will become the eight and ninth states to “ban the box” for private employers:

Connecticut

Effective January 1, 2017, Connecticut employers will be prohibited from requesting criminal history information on an initial application form.  Exceptions apply if:

  • the employer is required by federal or state law to inquire about