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 43
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
Morristown

973-451-6311
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 43

See AllPublications

Advanced Filtering
Showing 1-3 of 39
Newest
Most Read
March 14, 2019

City of Cincinnati Passes Ordinance Prohibiting Salary Inquiry and Use

March 14, 2019

The City of Cincinnati has become the latest jurisdiction to adopt an ordinance prohibiting employers from asking about or relying on the prior salary history of prospective employees in setting starting pay. The new law, adopted on March 13, 2019, aims to “ensure that Cincinnati residents’ rights are protected and that job applicants... Read More

February 21, 2019

New York’s Westchester County to Implement Ban-the-Box Law Limiting Criminal Background Inquiries

February 21, 2019

Effective March 4, 2019, private employers in New York’s Westchester County will be restricted from inquiring about a job applicant’s criminal background during the preliminary stages of the application process. Employers using employment applications that ask if an applicant has a criminal record should remove that as a required... Read More

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

Showing 1-3 of 39