Tag: Criminal History Record Information Act

U.S. District Court in N.J. Finds Individuals Have Six Years to File Claims Against Employers for Misuse of Criminal Information February 9, 2023 The U.S. District Court for New Jersey came to a decision concerning a case against a large retailer in Pennsylvania. As a result, the plaintiffs have up to six years to file a claim against any employer for improperly using criminal history under Pennsylvania's Criminal History Record Information Act (CHRIA). In this case, the plaintiffs alleged that the retailer violated the CHRIA by refusing to hire them for a position based on an irrelevant criminal background. As such, the plaintiffs recommended a six-year discovery period, following Pennsylvania's six-year statute of limitations for actions that do not have another limitation. In contrast, the retailer argued that the court should apply the two-year statute of limitations for tortious conduct. The District Court rejected the retailer's arguments that based the CHRIA solely on tortious actions. Instead, the court found that plaintiffs can also bring claims under CHRIA related to other Pennsylvania common law causes of action. The court did not specify the applicable causes of action. However, it did cite a case where the U.S. District Court for the Eastern District of Pennsylvania applied the six-year statute of limitations. The court, in this case, found that the broader six-year limitation period was suitable considering the different requirements CHRIA places on private employers, criminal justice agencies, and licensing agencies, among others. This case reminds employers that they can only consider misdemeanor and felony convictions when relevant to the applicant's suitability for the job. However, the CHRIA does not specify how employers should determine a conviction's relevance to the applicant's suitability. Employers also need to remember that the CHRIA does have procedural notice requirements for employers who make adverse employment decisions based on a criminal background check. Employers in Pennsylvania must become familiar with CHRIA to comply with it. Otherwise, applicants can sue an employer to recover damages. Lawsuits that end in favor of applicants can lead to high costs. For example, employers can expect a statutory minimum of $100 per violation, plus attorneys' fees, costs, and punitive damages of not less than $1,000 or more than $10,000 for willful violations. In addition, many CHRIA plaintiffs attempt to represent others in a class action, further increasing costs. This court decision shows the importance of complying with CHRIA to avoid potentially costly lawsuits. The best way to ensure compliance with CHRIA and other background check regulations is to partner with a company you can trust. Keep your business up to date on new laws and regulations with Pre-employ’s free news resources. Contact a sales rep today. Source

Tag: Criminal History Record Information Act

U.S. District Court in N.J. Finds Individuals Have Six Years to File Claims Against Employers for Misuse of Criminal Information

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