Product Liability Monitor

September 8, 2017
New Developments
The SELF DRIVE Act Motors Through Congress
By Mark Pratzel

On September 6, 2017 the House of Representatives unanimously passed H.R. 3388, also known as the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act,” also known as the “SELF DRIVE Act.” The broad, bipartisan support for this

What is “Ban the Box?” Generally speaking, it is an international campaign seeking to eliminate the question—“Have you ever been convicted of a crime?”—from employment applications.  handcuffed - 1802467“Ban the box” laws usually provide that an employer must wait to ask applicants about their criminal histories until after a conditional offer of employment is made AND that an employer must consider how the individual criminal history is job-related for the position in question.

There currently are 21 states and over 100 cities and counties that have a “ban the box” law.  Further, 7 states have statewide “ban the box” laws that apply to private employers—Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, Oregon, and Rhode Island.


Continue Reading Ban the Box—Some Basic Rules to Find Red Flags Without Raising Any

Listen to the Podcast
Joe Guffey

What’s required before you obtain a background check on a prospective employee? And what’s required before and after you take adverse action against a prospective employee based on the background check?

Joe Guffey discusses the do’s and don’ts of conducting employee background checks under the Fair Credit Reporting Act (FCRA).

Before Obtaining a Consumer Report

 
checkboxProvide the individual with a “Disclosure & Authorization” form. [Version 1] [Version 2]Employment Application

checkboxObtain his/her signature (electronic signature is OK)

checkboxProvide the individual with “A Summary of Your Rights Under the Fair Credit Reporting Act

checkbox(Extra) Provide any required state-specific disclosures


Continue Reading FCRA Checklist for Obtaining a Credit Report

labor&employmentEvery business has new applicants applying for open jobs daily.  When you consider obtaining that consumer credit report and complying with the Fair Credit Reporting Act (FCRA)DO NOT think about conserving paper by including multiple key points all in ONE DOCUMENT – that eco-thinking decision will put you in violation of the FCRA.

In April, Home Depot USA Inc. agreed to a $1.8M settlement to resolve a putative class action alleging violation of the FCRA.  Home Depot’s job application background-check form included the required disclosure statement, but also a release from all liabilities, and stated the repercussions for providing false and misleading information.  Based on the way the courts have been interpreting the FCRA, Home Depot was smart to settle the case and avoid going forward in the litigation.


Continue Reading It Takes Two to Avoid Violation of the FCRA