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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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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

June 21, 2019

Colorado Enacts ‘Ban the Box’ Legislation to Take Effect in September 2019

June 21, 2019

In an effort to prevent persons with criminal records from being automatically ruled out for job vacancies, Colorado Governor Jared Polis has signed “ban the box” legislation. The new law will go into effect in September 2019 for employers with at least 11 employees, and employers with fewer than 11 employees have until September 2021 to... Read More

May 15, 2019

EPLI Trends, Sexual Harassment Claims, and Planning for 2019

May 15, 2019

As workplace laws continue to evolve, the potential risk exposure is increasing. Jackson Lewis prepared this trends overview to help assess the current workplace law landscape in the #MeToo era and the wave of agency charges, latest claims, and new laws.  Highlights include: Pay Equity Lawsuits: The Next Wave of Litigation... Read More

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