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Background Checks

Effective background check procedures can help produce more informed hiring decisions and protect employees, customers and company assets, but recent developments have resulted in increased scrutiny of employers’ background check policies.

Overview

We have vast experience assisting employers with respect to the development, review and refinement of background check programs, as well as defending against legal and administrative challenges to background check policies and practices.

With a renowned team of accomplished employment litigators, along with attorneys who have testified before Congress and the U.S. Commission on Civil Rights in support of the appropriate use of criminal background checks in employment, we can assist employers with all of their background check-related needs, including:

  • Advice regarding whether it is appropriate to “ban-the-box” and forego asking about an applicant’s criminal history on an initial application and alternate means of inquiring into an applicant’s criminal record;
  • Guidance on whether a company’s background check procedures are subject to the requirements of the federal FCRA and/or state law and the company’s obligations under applicable laws;
  • Review and revision of forms required by state or federal fair credit reporting laws;
  • Developing and refining policies that help a company make reasoned disqualification decisions taking into account the EEOC’s guidelines and state law;
  • Defense of EEOC or state agency charges of discrimination at the initial stage with the goal of avoiding such charges evolving into class investigations;
  • Defense of EEOC or state agency systemic investigations relating to criminal or credit background practices;
  • Defense of individual or class-based lawsuits brought by the EEOC or private plaintiffs; and
  • Training for corporate human resources and security departments (and other management personnel) on preventive strategies to minimize liability for the use of background checks.

The Team

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September 26, 2018

Retail Industry Workplace Law Update – Fall 2018

September 26, 2018

Supreme Court Preview: 2018-2019 Term The U.S. Supreme Court’s docket for its 2018-2019 Term is full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things. Read full article … New Model Background Check Summary of Rights Released... Read More

September 14, 2018

New Version of Model FCRA Summary of Rights Released; And You Have One Week to Comply

September 14, 2018

A new model “A Summary of Your Rights Under the Fair Credit Reporting Act” disclosure form document was released on September 12, 2018, by the Consumer Financial Protection Bureau (CFPB). Employers and background check companies should begin using the new form by September 21, 2018. The federal agency responsible for oversight and... Read More

August 28, 2018

South Carolina Law Amended to Allow Expungement of Certain Criminal Records

August 28, 2018

An amendment to South Carolina law allows individuals to have certain criminal records expunged following a successful court petition. This means that, among other things, a prospective employee would not be required to disclose on an employment application criminal record information that has been expunged. The new law, Act No. 254,... Read More

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