As reported in the Hunton Employment & Labor Perspectives Blog:

On November 2, 2015, a putative class action was filed against retailer Big Lots Stores, Inc. in Philadelphia, stemming from allegations that the company “systematically” violated the Fair Credit Reporting Act’s (“FCRA’s”) “standalone disclosure requirement” by making prospective employees sign a document used as a background check consent form that contained extraneous information. Among other things, the plaintiff alleges that Big Lots’ form violates the FCRA because it includes the following three categories of extraneous information: (1) an “implied liability waiver” (specifically, a statement that the applicant “fully understand[s] that all employment decisions are based on legitimate nondiscriminatory reasons”); (2) state-specific notices; and (3) information on how background information will be gathered and from which sources, statements pertaining to disputing any information, and the name and contact information of the consumer reporting agency.


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On May 25, 2015, the French Data Protection Authority released its long-awaited annual inspection program for 2015, announcing that a target of 550 inspections was set for 2015, including 350 on-site inspections, document reviews or hearings and 200 online inspections. This blog entry provides a summary of the program.
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As reported in the Hunton Employment and Labor Perspectives Blog, in Purple Communications, Inc., a divided National Labor Relations Board held that employees have the right to use their employers’ email systems for statutorily protected communications, including self-organization and other terms and conditions of employment, during non-working time.
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As reported in the Hunton Employment & Labor Perspectives Blog, on April 9, 2014, the Sixth Circuit of Appeals affirmed a summary judgment against the Equal Employment Opportunity Commission and chastised the Commission for applying a flawed methodology in its attempts to prove that using credit checks as a pre-employment screen had an unlawful disparate impact on African-American applicants.
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