Nicole Greenberg, Esq.
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LinkedIn Lawsuit: Potential FCRA Violations Mean HR Might Need To Lawyer Up

10/16/2014

 
Originally Published 10/16/2014 on RecruitingDaily.com
When you’re a company with the size and scale of LinkedIn, you’ve basically got a big target on your back – and a long list of people out to get you. Or so it would seem from the flurry of lawsuits, most recently for violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681,et seq. (see original article for full copy of the FCRA).

The issue at hand this time centers on LinkedIn’s “Search for References” functionality, a feature offered to all premium account holders and, it appears, to job applicants after they have directly applied for any position posted via LinkedIn’s “job postings” product.

In this potentially precedent setting class action lawsuit, filed October 9, 2014 in the Northern District of California, alleges that LinkedIn sold their reference functionality to prospective employers by marketing its ability to “obtain reports containing “Trusted References” for all job applicants who are members of LinkedIn.”

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    Author

    Nicole Greenberg, Esq. serves as a Principal Consultant and Chief Legal Advisor at STA Worldwide, a global professional services firm specializing in IT staffing, project management and consulting services. A licensed Illinois attorney and member of the American Bar Association, Nicole has over a decade of experience in talent acquisition and recruiting strategy.

    Recognized as “the world’s only lawyer with a focus on sourcing,” Nicole is a highly sought after public speaker, presenting on compliance, sourcing and technology topics to industry audiences around the world, and her writing on these subjects has been recently featured by top publications like SourceCon, Recruiting Daily and HRExaminer.

    ​A lifelong native of Chicago, Nicole is a graduate of Lake Forest College and received her Juris Doctor from the John Marshall Law School.

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