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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
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

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See AllPublications

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November 8, 2019

New Puerto Rico Law Limits Employers’ Use of Credit Reports in Employment Decisions

November 8, 2019

Puerto Rico has enacted legislation to limit the use of credit reports in making employment decisions. An “Act to Protect Employee’s Credit Information” (PR Act. No. 150 of October 8, 2019) prohibits employers from refusing to hire, dismissing, or otherwise discriminating against an employee or applicant because of the information in... Read More

September 13, 2019

Illinois Outlaws Questions about Job Applicants’ Prior Salaries

September 13, 2019

Beginning September 29, 2019, it will be against the law in Illinois for employers to ask job applicants about their prior salaries or wage history. In order to avoid fines and lawsuits, companies recruiting in Illinois should remove any questions about prior pay from their job applications and any related documents both on-line or in... Read More

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

Showing 1-3 of 43