1. Recently a federal district court in Texas weighed in on the proper application of Article III standing requirements in light of the Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. The court granted the defendant’s motion to dismiss the class action due to lack of Article III standing. The case involved allegations of a deficient disclosure and authorization (D&A) form under the Fair Credit Reporting Act(FCRA) used for employment purposes because it included extraneous information such as an on-going authorization, state disclosures, the summary of rights, and a legal disclaimer. Plaintiffs argued that the D&A violated the FCRA’s stand-alone disclosure requirement. In granting the defendant’s motion the court took the position that this was form over substance and plaintiff’s allegations did not confer standing because he did not demonstrate he suffered a concrete injury. The case is Dyson v. Sky Chefs, Inc., 2017 WL 2618946, N.D. Texas (June 15, 2017).
2. President Trump has nominated Janet Dhillon to chair the Equal Employment Opportunity Commission (EEOC), taking over from acting chair Victoria Lipnic. Ms. Dhillon has led the legal departments at US Airways and J.C. Penney and is currently General Counsel for Burlington Stores. Speaking of general counsel positions, the general counsel position at the EEOC remains open. President Trump has not yet appointed a replacement for the position vacated by David Lopez.
3. The Attorney General of New York announced a $1 million settlementwith Infosys Corporation for failing to follow U.S. visa requirements for workers in New York State and thereby depriving the state of tax FULL ARTICLE