Heidi Siegmund

McGuireWoods LLP

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Employers Face Six-Year Statute of Limitations for Criminal Background Check Claims

On Jan. 12, 2023, the U.S. District Court for the District of New Jersey held in Ramos v. WalMart, Inc. that Pennsylvania plaintiffs have up to six years to file claims against employers for improper use of criminal history...more

2/2/2023 / Background Checks , Criminal Background Checks , Criminal Records , Employer Liability Issues , Hiring & Firing , Job Applicants , Wal-Mart

California Court of Appeals Joins FCRA’s Mad Tea Party

The roller coaster of employer liability under the background check provisions of the Fair Credit Reporting Act (FCRA) recently took an upswing with the California Court of Appeals’ decision in Culberson v. Walt Disney Parks...more

4/24/2019 / Background Checks , Class Action , Disney , Employer Liability Issues , Employment Litigation , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants , Screening Procedures

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more

2/4/2019 / Background Checks , Class Action , Corporate Counsel , Disclosure Requirements , Employer Liability Issues , Employment Application , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants

CFPB Updates Summary of Rights Under Fair Credit Reporting Act

On Sept. 12, the Consumer Finance Protection Bureau issued an updated model disclosure form, required under the federal Fair Credit Reporting Act (FCRA) as of Sept. 21, 2018. The revised “Summary of Your Rights Under the Fair...more

10/8/2018 / Adverse Employment Action , Background Checks , Consumer Financial Protection Bureau (CFPB) , Employer Liability Issues , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants

Seventh Circuit Allies With FCRA Class Action Plaintiffs on Spokeo Grounds.

On August 29, the Seventh Circuit reentered the multi-front fray that has broken out among lower courts in the wake of the Supreme Court’s 2016 decision in Spokeo v Robins, 136 S. Ct. 1540 (2016). ...more

9/26/2018 / Article III , Background Checks , Corporate Counsel , Employer Liability Issues , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Injury-in-Fact , Screening Procedures , Spokeo v Robins , Standing

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