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Background Screening News & Legal Updates

At OPENonline, we notify you of the most recent background screening and investigative news with our timely news alerts, press releases, blog articles and legislative & compliance updates. If you are interested in submitting an article to appear on our website, please contact our marketing department.

October 28, 2014

Publix Super Markets Will Pay $6.8M to Settle FCRA Suit

According to topclassactions.com, Publix Super Markets Inc. has agreed to pay $6.8M to settle a class action lawsuit that alleges it violated the Fair Credit Reporting Act (FCRA) by failing to provide legally required disclosures prior to obtaining background reports. The plaintiffs allege Publix conducted background checks on employees and job applicants without providing a “stand alone” disclosure informing them that a background check would be performed, directly violating the FCRA.

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October 28, 2014

Lyft Accused of Neglecting Driver Checks, Safety Protocols

A Seattle law firm is investigating Lyft, Inc. alleging that the transportation company, “operates in direct violation of many city and state laws, and continues to do so after knowingly ignoring multiple cease-and-desist letters, and failing to disclose this information to riders.” Hagens Berman stated that its investigation revealed that Lyft doesn’t have the required permits, “adequate” insurance that covers enough to be in compliance with the law or even proper licenses for its drivers.

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October 28, 2014

Not So Fast! BMW Objects Judges Ruling on EEOC Suit

According to Law360, BMW Manufacturing Co. LLC on Thursday criticized a South Carolina federal judge's determination that the U.S. Equal Employment Opportunity Commission's (EEOC) use of background checks in hiring is not relevant to the agency's allegations that BMW's criminal record check policy disproportionately screens out black job applicants.

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October 28, 2014

Rigorous Background Checks for Child Involved Workers in PA

All adults in Pennsylvania working with or wanting to volunteer for programs involving children will be required to undergo background checks under a new bill sent to Governor Tom Corbett's desk for enactment.

Those in favor of the bill say the goal of Pennsylvania House Bill 435, sponsored by Republican Dan Moul, is to promote the safety of children.

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October 21, 2014

Dollar General Coughs Up $4M to Settle Background Check Suit

The class action suit against retail chain Dollar General for alleged violations of the Fair Credit Reporting Act (FCRA) will be settled for $4 million, according to topclassactions.com. A Virginia federal court is being asked to give preliminary approval for the settlement as well as class certification and approval for how the settlement will be administered.

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October 21, 2014

The City of St. Louis Bans the Box

As of October 14, 2014, the city of St. Louis, Missouri will no longer ask applicants about their criminal history on initial job applications according to a press release written by the city. This only applies to the public sector within the city of St. Louis. In March 2013, the city stopped automatically disqualifying applicants with felony records. However, they have now removed the question “have you ever been convicted of a crime?” from initial job applicants. The question created confusion over whether or not the city automatically disqualified applicants based on criminal history or not.

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October 20, 2014

Enhanced Drug Screening Services Feature Electronic Chain of CustodyOn Monday, OPENonline announced enhancements to its workplace drug and alcohol screening services, including customized paperless Electronic Chain of Custody with Electronic Scheduling. This enhancement will improve the drug screening process by greatly increasing the network of collection sites and reducing turnaround time. It’s time to ensure a safer work environment with effective and reliable drug and alcohol screening from OPENonline.

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October 17, 2014

There is a growing controversy in among the healthcare industry over whether or not all pregnant women should be drug screened.

There is a growing controversy in the healthcare industry over whether or not all pregnant women should be drug screened.

According to a 2012 study in the Journal of the American Medical Association, a drug-addicted baby is born every hour in the United States.

The debate is whether or not drug screening all pregnant women will help to reduce this number and if it will cause racial and income bias and punishment or not.

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October 14, 2014

LinkedIn Hit With Class Action Suit for Alleged FCRA Violations

A proposed class action suit in California claims LinkedIn Corp. violated the Fair Credit Reporting Act (FCRA) through its job reference tool, which allows prospective employers to obtain information about job applicants. According to the suit, LinkedIn can generate reference reports that include the names, locations, and employment history of people who have worked with a job applicant, none of which are verified.

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October 13, 2014

In the midst of a racial bias background check lawsuit, BMW has requested the Equal Employment Opportunity Commission (EEOC) give details in their own background screening process. The EEOC is refusing and claiming irrelevancy.

In the midst of a racial bias background check lawsuit, BMW has been denied access to the Equal Employment Opportunity Commission’s (EEOC) background check policies. A South Carolina federal judge found the EEOC’s background screening process irrelevant to BMW’s current case.In a June 2013 complaint, the EEOC alleges BMW violated former employees' civil rights by using criminal background checks that had a disproportionate effect on black employees and applicants.

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