Search form

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

See All
Showing 1-8 of 42
Advanced Filtering
All A-Z
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
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
Berkeley Heights

908-795-5134
Jeffrey.Corradino@jacksonlewis.com

M. Robin Davis

Principal and Office Litigation Manager
Raleigh

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

See All
Showing 1-8 of 42

See AllPublications

Advanced Filtering
Showing 1-3 of 42
Newest
Most Read
August 1, 2019

Illinois Expands Equal Pay Act and Bans Inquiries about Job Applicants’ Wage Histories

August 1, 2019

An amendment to the Illinois Equal Pay Act expands the Act’s scope and prohibits employers in Illinois from requesting information about a job applicant’s prior compensation. House Bill 834 passed both houses of the Illinois General Assembly, and was signed into law by Governor J.B. Pritzker on July 31, 2019, as Public Act 101-0177.... Read More

July 10, 2019

New York Governor Signs Bills Aimed at Combating Salary Inequality

July 10, 2019

New York’s equal pay law prohibiting wage differentials based on protected class status was signed by Governor Andrew Cuomo on July 10, 2019. The new equal pay law will be effective on October 8, 2019. The Governor also signed into law a bar on employers inquiring about job applicants’ past salary history. The salary history law... Read More

June 24, 2019

New York Adopts Laws Aimed at Combating Salary Inequality and Race Discrimination

June 24, 2019

In the final days of its 2019 Session, the New York State Legislature passed three bills that, respectively, will bar employers from inquiring about applicants’ past salary history, prohibit wage differentials based on protected class status, and ban race discrimination based on an employee’s hair or hairstyle. Governor Andrew M. Cuomo... Read More

Showing 1-3 of 42