November

A California judge recently dismissed a putative class action filed against Bank of America Inc. and others after J. Robert Berrellez alleged violations of the Fair Credit Reporting Act, Investigative Consumer Reporting Agencies and the Consumer Credit Reporting Agencies Act, claiming the background checks invaded his and others' rights to privacy after being performed without written disclosure. Not only was the case presented beyond the FCRA's two-year statute of limitations, but Berrellez was unable to proof the action caused him harm.
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Effective Jan. 1, 2017, the governor of California signed a bill in September that amends the state's Labor Code to prohibit employers from considering some juvenile records for employment purposes, including arrests that did not result in conviction, a referral to or participation in any pretrial or post-trial diversion program, and convictions that were dismissed or sealed. Employers still can inquire about arrest histories and health care facilities still can determine eligibility based upon the type of arrest history.

Connecticut has joined Austin, Texas, Portland, Oregon, and New York City in prohibiting the request of criminal history information on an initial employment application. It is recommended that employers conduct a broader assessment of their pre-employment screening practices to strengthen its compliance with federal, state and local laws, as well as the Fair Credit Reporting Act before its January 1, 2017 effective date. Companies also should consider where they stand with coverage and exceptions of the law, unlawful practices, notice requirements applicable to the exceptions, existing restrictions on the use of certain criminal history events, and proper enforcement.