November

A California federal judge recently dismissed a class action in which Bobby Dutta alleged State Farm did not provide him an opportunity to dispute findings on his credit report before denying him employment as an agent. The plaintiff could not prove that any harm had been done or that he would have been offered the position had he seen the report, therefore, the judged ruled in favor of the business.

Registration may be required for the link.

A former employee of Advantage Sales and Marketing LLC, Massachusetts, lost a law suit that she filed against the company for her termination after testing positive for marijuana. Even though the employee had a medical prescription for the drug, it was determined that there was no obligation on the company's part to accommodate its use. It was found, however, that the employee's privacy was violated and that the drug test was unreasonable and inappropriate, given her job duties. Companies are encouraged to ensure that their drug and alcohol testing policies comply with all applicable laws.

San Diego staffing company Eastridge Workforce Solutions recently resolved allegations with the Department of Justice after new hires faced discriminatory practices while completing work authorization verification requirements, such as E-verify cases and filling out the Form I-9, creating a breach of Immigration and Nationality Act provisions that protect new hires who are not U.S. citizens. The Mira Mesa, Calif., location was required to pay $175,000 in civil penalties. It is important for companies to have compliant hiring procedures in place that are consistent with each new hire.