2015

"World-renowned poker expert Kenny Rogers once sagely advised, ""You've got to know when to hold 'em. Know when to fold 'em. Know when to walk away"".

In the EEOC v. Freeman opinion, the court explained the company, Freeman, held the royal flush and the EEOC held nothing. Continuing the analogy throughout the introduction, the court found that, ""Like the unwise gambler, it did so at its peril. Because the EEOC insisted on playing a hand it could not win, it is liable for Freeman's reasonable attorneys' fees."" Here, the court found it was unreasonable for the EEOC to continue its investigation with the lack of proper analysis demonstrating disparate analysis and, instead, choosing to rely on flawed investigative reports. Ultimately, the court awarded over $938,000 in attorneys' fees to Freeman."

"A woman who applied for a job at Chipotle Mexican Grill Inc. has filed a putative class action lawsuit against the national restaurant chain. According to the class action lawsuit, Chipotle has violated the FCRA in their application documents by asking applicants to sign their consent for background checks embedded and essentially ""hidden"" within a general consent agreement. According to the FCRA class action lawsuit, Chipotle's disclosure was surrounded by other language pertaining to additional information Mejia was required to consent to on the application. FCRA requires that the disclosure form be solely for purposes of disclosure and not ""encumbered by any other information ... in order to prevent consumers from being distracted by other information side-by-side with the disclosure."""

A recent class action lawsuit against Amazon is at least the second of its kind to be filed against the company in the last six months. Plaintiff Theo Feldstein alleges he was initially offered a job working for Amazon but the offer was withdrawn after the company received a negative background check conducted as part of the employment process. Feldstein alleges that Amazon violated the FCRA when they did not warn him about the negative report and when they neglected to allow him to fix any potential errors on the record. Feldstein seeks to represent a Class of employees or applicants at Amazon who had a background check conducted and who did not receive a copy or did not receive an email saying the report was confidential.