On January 20, 2026, two job applicants filed a class action lawsuit against Eightfold AI Inc. (“Eightfold”) alleging that Eightfold, an AI-driven hiring platform used by major employers, violated the Fair Credit Reporting Act (“FCRA”) and California’s Investigative Consumer Reporting Agencies Act (“ICRAA”) by secretly generating AI-driven applicant “likelihood of success” scores based on a 0-5 scale and dossiers functions as illegal, undisclosed consumer reports.
Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer. While the FCRA can impose burdensome requirements on the entities that fall within its scope, including consumer reporting agencies (“CRAs”), furnishers, or users of consumer reports, the FCRA can also serve as a shield against certain state law tort claims.
In McKenna v. Dillion Transportation, LLC, plaintiff, a truck driver named Frank McKenna, sued his former employer, Dillon Transportation, LLC, for ...
Blog Editors
Recent Updates
- Critical Infrastructure at Risk: Project Glasswing Urges Attention to AI-Driven Cyber-Risks
- Watch: NLRB Could Soon Have a Three-Person Republican Majority - Employment Law This Week
- Watch: The Administration’s Focus on DEI Moves from Words to Action - Employment Law This Week
- Watch: 401(k) Alternative Assets, NLRB Removal Protections, and Military Leave Requests - Employment Law This Week
- Watch: Employer AI Headaches - Job Postings, Client Privilege, and Microchip Bans - Employment Law This Week