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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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Tammy L. Baker

Office Managing Principal
Birmingham

205-332-3106
Tammy.Baker@jacksonlewis.com

Emily S. Borna

Principal
Atlanta

404-586-1817
Emily.Borna@jacksonlewis.com

Tanya A. Bovée

Office Managing Principal
Hartford

860-522-0404
Tanya.Bovee@jacksonlewis.com

Matthew J. Camardella

Principal
New York Metro
Long Island

631-247-4639
Matthew.Camardella@jacksonlewis.com

Gregg E. Clifton

Principal
Phoenix

602-714-7044
Gregg.Clifton@jacksonlewis.com

Susan M. Corcoran

Principal
New York Metro
White Plains

914-872-6871
Susan.Corcoran@jacksonlewis.com

Jeffrey J. Corradino

Principal
Morristown

973-451-6311
Jeffrey.Corradino@jacksonlewis.com

M. Robin Davis

Principal and Office Litigation Manager
Raleigh

919-760-6464
Robin.Davis@jacksonlewis.com

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See AllPublications

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January 28, 2019

Employer Use of Criminal Records of Applicants Limited in U.S. Virgin Islands

January 28, 2019

All public and private employers in the U.S. Virgin Islands, regardless of size, are barred from asking applicants to disclose information on an arrest that did not result in a conviction or in which the conviction was dismissed or sealed. Act No. 8134, which amends Title 24 of the Virgin Islands Code Chapter 17, broadly prohibits... Read More

January 7, 2019

2019: The Year Ahead for Employers

January 7, 2019

Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year... Read More

November 30, 2018

Oregon Publishes Final Rule Implementing its Expansive Equal Pay Act, Effective January 1, 2019

November 30, 2018

A majority of the provisions of Oregon’s Equal Pay Act will go into effect on January 1, 2019. The Act’s ban on salary history inquiries went into effect in October 2017. Beginning 2019, the Bureau of Labor and Industries (BOLI) will enforce the Act, including the inquiry ban, and employees and applicants may file claims with BOLI.... Read More

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