Second SEPTA?

A leading case in the use of criminal background checks for employment purposes is El v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), 479 F. 3d 232 (3rd Cir. 2007). SEPTA has been sued again for alleged employment screening violations.

New Jersey Bans the Box

New Jersey became the latest state to pass the so-called “ban-the-box” bill which, in general, prohibits an employer from inquiring about a criminal history at or before an initial interview.  In the last few years, New Jersey had attempted to pass legislation that was far broader and more troubling for public safety.  After CDIA and… Continue reading New Jersey Bans the Box

Littler: The Swelling Tide of FCRA Litigation Creates Rough Seas for Employers

The Littler law firm recently issued a paper, noting the “swelling tide of class action litigation against employers under the [FCRA].” A note accompanying the publication adds that “[t]hese lawsuits…typically…allege hyper-technical non-compliance with the FCRA (e.g., supposed defects in the employer’s pre-employment forms and template notices). That is, the lawsuits appear to be lawyer-contrived cash grabs… Continue reading Littler: The Swelling Tide of FCRA Litigation Creates Rough Seas for Employers

Hardie v. NCAA: An Update

Hardie v. NCAA, 13-cv-00346-W-DHB (U.S. Dist. Ct., S.D. Calif.). Summary: This case was brought in February 2013 by Dominic Hardie, a 35-year-old AAU basketball coach from Houston, with a 2001 conviction for possession with intent to distribute less than a gram of cocaine.  The plaintiff alleges discrimination in the NCAA’s policy of excluding all ex-felons… Continue reading Hardie v. NCAA: An Update