2016

The use of Big Data to make hiring and other employment decisions will continue to grow in its use and scope. At a recent meeting, however, Commissioner Victoria A. Lipnic stressed the importance of how laws may affect the technology-driven workplace. A professor at Stanford Graduate School believes in the benefits of Big Data, but said it is imperative to consider safeguards, demographic and sensitive health or genetic information that could pose risks against antidiscrimination acts.

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.
Registration may be required for link.

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.