Martucci Quoted on Fair Credit Reporting Act and Diversity in Corporate Counsel

Shook, Hardy & Bacon Partner Bill Martucci discusses employment law issues in a December 28 Corporate Counsel article, titled, “The 5 Big Labor and Employment Stories of 2015.” Corporate Counsel highlighted five labor and employment challenges in-house counsel faced in 2015, including Fair Credit Reporting Act requirements and the impact of increasing diversity and inclusion initiatives. 

The FCRA maintained its status as a popular subject of class actions in 2015, mostly because of its technical requirements and litigation that often arises for companies who don’t follow them.

Martucci explains that because companies often use the same disclosures when checking most applicants, the number of plaintiffs and volume of damages can easily grow. 

“There’s a pretty good argument on behalf of the plaintiffs that individuals are similarly situated and it provides for good conditions for a class action,” Martucci says. “The breadth of the class action often can mirror whatever the company’s operations are.”

Another popular topic in 2015 was diversity; issues women and minorities face in the courtroom and the workplace were highlighted often in the media.

Although admirable that firms are working hard to increase diversity, Martucci warns companies against accidental “reverse discrimination” under Title VII of the Civil Rights Act.  

“It’s certainly fine to have a very robust diversity and inclusion policy, but it has to be fundamentally driven by who is best qualified for the job and how to best ensure that the pipelines of recruitment are open and active for all.”