Employers have been struggling to understand their responsibilities under the Fair Credit Reporting Act (FCRA) as plaintiffs change their focus from traditional background check compliance to targeting employers' use of social media accounts and internet search engines. In one case, the plaintiffs alleged that an employer's use of LinkedIn violates the FCRA. But, though the use of technology and social media is on the rise, a claim against UPS reminds employers to maintain continued vigilance against traditional FCRA claims. The company allegedly revoked a candidate's offer due to information revealed in the background check report, without telling him what the information was or giving him an opportunity to discuss the information.
A recent Rules and Regulations publication released by the Los Angeles Department of Public Works Bureau of Contract Administration will assist employers in Los Angeles with implementing the Los Angeles Fair Chance Initiative for Hiring Ordinance (Fair Chair Ordinance).
The Ordinance prohibits employers and city contractors and subcontractors that are physically operating within the city of Los Angeles from seeking a job applicant's criminal history until after a conditional offer of employment is made.
The Ordinance helps by defining key words, offering notice and posting requirements, detailing application and interview procedures, identifying how to engage in the Fair Chance process, and describing the record-keeping process.