According to the Department of Justice, around 70 million Americans have criminal records which hinder their chances of finding jobs. Many of them face significant challenges related to employment. With large numbers of working-age people carrying the stigma of a criminal record and the disproportionate impact on minority communities -policymakers nationwide have adopted a menu of reforms. According to the National Employment Law Project, 24 states and more than 100 localities have adopted “fair chance”… [Read More]
Compliance…Compliance…Compliance
Litigation against End Users of Consumer Reports and Investigative Consumer Reports continues to Snowball across the land. And record setting settlements are being paid by employers and other end-users of screening reports. Two-thirds of FCRA suits are being brought against End Users because of invalid Authorization and Disclosure documents or because of End User failure to provide proper Adverse Action Notifications with required enclosures. Authorizations and Disclosures must not include “release of liability” or other… [Read More]
FCRA Compliance
In his written statement to our client, an attorney recently advised that employers’ compliance with the Federal Fair Credit Reporting Act “is the newest burgeoning area for lawyers.” Employers must be diligent regarding FCRA Compliance. POE knows…when an employer denies employment to a job applicant, based solely or partly on information in a consumer report, federal and state laws require the employer to provide two adverse action letters to that job seeker. POE knows…when an employer terminates an employee… [Read More]
Revised Authorizations & Disclosures
Why the Revisions???? Between January 2015 and June 2015, over 1500 FCRA related Class Action Lawsuits were filed. According to Top Class Actions, among the companies which have been named as Defendants in FCRA related class Action Lawsuits in 2014 and 2015 are the following: Pizza Hut Whole Foods Dollar General Home Depot Publix Super markets UBS Financial Services Allegis Group, Inc. Aerotek Avis Michaels Stores, Inc. Wells Fargo Bank Some of these cases have… [Read More]
Prevent Class Action Lawsuits
Thousands of job applicants have filed class action lawsuits, claiming the Defendant Employers’ Authorization forms are invalid because the forms contain extraneous information. POE believes it may be only a matter of time before property owners and managers are presented with the same legal challenge. Accordingly, POE has revised our Resident Consumer Report Authorization and we have created a new Resident Consumer Report Disclosure. POE recommends that our multi-family housing and property management clients take… [Read More]
Invalid Employment Consumer Report Authorizations?
Thousands of job applicants have filed class action lawsuits, claiming the Defendant Employers’ Authorization forms are invalid because they contain extraneous information. The lawsuits claim the Employers’ Authorization forms contain, among other things: release of liability applicant admission that the applicant has not knowingly withheld any information the application does not create an employment contract the applicant waives the receipt of a copy of any public record Other charges claim the Authorizations are included on… [Read More]