April

While an important tool for employers, background checks have undergone many changes, including an increase in litigation. 

Many jurisdictions, including municipalities, counties and|or states, have "banned the box", which requires employers to remove the question and check box, "Have you been convicted by a court," from applications for employment. 

Today, there are more than 150 cities and counties, as well as 25 states, with some form of ban the box law or ordinance. Employers have also seen an increase in litigation involving alleged violations of the Fair Credit Reporting Act (FCRA). 

It is important for employers to have their processes reviewed by counsel for compliance of new laws and regulations.

California's Fair Employment and Housing Council (FEHC) has finalized new regulations further limiting an employer's ability to consider criminal history when making employment decisions. 

The regulations will take effect in July and follow the Equal Employment Opportunity Commission's (EEOC)'s 2012 Enforcement Guidance. The "Ban the Box" ordinances further restrict employers' use of criminal records when making employment decisions. 

The regulations expand the list of types of criminal history to include non-felony convictions for possession of marijuana if more than two years past, as well details regarding an employer's obligations regarding a refusal to hire based on criminal history.

A judge has ruled that a Fair Credit Reporting Act (FCRA) suit against Amazon can move forward in Florida federal court. 

Donovan Hargrett, who sought employment as a fulfilment associate in Florida, accused the online retailer of violating the FCRA by failing to provide two separate forms for his job application and background check authorization. 

The putative class action did not request actual damages but sought an award of statutory damages for Amazon's willful FCRA violation. The case was consolidated with a similar action filed by two other applicants.