On February 7, the Washington State House of Representatives approved a bill that would “ban the box” and prohibit requests about past criminal history in initial employment applications. According to The Spokesman-Review, the bill, dubbed the “Fair Chance Act,” passed on a mostly partisan vote after supporters said it was important to give people
On February 1, the city council of Kansas City, Missouri passed a “ban the box” ordinance which prohibits nearly all Kansas City employers from inquiring into an applicant’s criminal history until after the applicant has been interviewed. The ordinance – titled “Criminal Records in Employment” and effective June 9, 2018 – applies to those with
On January 30, the Consumer Financial Protection Bureau issued its 2018 list of consumer reporting companies, which contains information regarding the nationwide consumer reporting agencies as well as companies operating in specialized areas such as employment screening, tenant screening, utilities, and gaming. The list includes the following:
Today, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued its en banc decision in the closely-watched PHH Corp. v. Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) matter. In short, the D.C. Circuit upheld the constitutionality of the structure of the CFPB, reversing its 2016 panel decision.
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On January 22, 2018, the United States Supreme Court denied the second petition for a writ of certiorari filed by Spokeo, Inc. in its landmark, Article III standing case against Plaintiff Thomas Robins. Previously, on August 15, 2017, the Ninth Circuit issued its decision on remand in the same case, reversing and remanding the case
On January 19, 2018, the Virginia Senate voted 23 to 16 to “ban the box” on state employment applications. The bill, sponsored by Democrats Rosalyn Dance (Petersburg), Adam Ebbin (Alexandria) and Jennifer McClellan (Richmond), would bar state agencies and localities from including on an employment application a question about whether the prospective employee has ever
On January 5, Troutman Sanders filed an amicus brief on behalf of the National Association of Professional Background Screeners (“NAPBS”) in support of Spokeo, Inc.’s second petition for certiorari to the United States Supreme Court in Spokeo, Inc. v. Robins (U.S. No. 17-806). The new petition requests that the Court revisit its prior ruling and
On December 20, New Jersey Governor Chris Christie signed a new bill amending the New Jersey Opportunity to Compete Act (“OTCA”) that went into effect in March 2015. The amendment seeks to strengthen the “ban the box” legislation by adding express prohibitions as to expunged criminal records and providing clarity to the types of job
On November 27, the City Council for Spokane, Washington made that city the newest locality to approve a “ban the box” ordinance, which would prohibit employers from requesting criminal or arrest records to make decisions on employment until after an in-person interview. The vote passed 5-2. The mayor of Spokane has until December 14, 2017
On December 5, a Court of Appeals for the state of Ohio affirmed dismissal of a putative FCRA class claim against Ohio State University on the basis that the plaintiffs lacked standing to assert their no-injury, statutory claim in Ohio state court. The state appellate court declined to adopt a “statutory standing” doctrine in Ohio