FCRA Litigation Against Employers: Drafting Policies and Procedures for Compliance, Leveraging Defense Strategies

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, March 3, 2021

Recorded event now available

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Course Materials

This CLE course will guide employers and their counsel on preventing and defending against Fair Credit Reporting Act (FCRA) lawsuits arising from employee background checks. The panel will review FCRA statutory requirements, best practices for developing background check policies, and strategies for defending against individual and class claims.

Description

In light of the economic downturn and employment insecurity following 2020, employees and applicants continue to file individual and class claims against employers alleging violations of the FCRA in conducting employee background checks. Damages for noncompliance with the FCRA can soar into the millions. All employers should be on high alert as FCRA claims and lawsuits span a variety of industries.

FCRA cases are frustrating for employers because many of the claims are based on highly technical requirements of the FCRA that are easily violated. Counsel must be prepared to appropriately draft and implement policies that incorporate the FCRA requirements to mitigate litigation risks, particularly in the current era of employee-friendly court rulings.

Counsel must also be well versed in defense theories that will withstand court scrutiny. Failure to properly prepare can cost clients a substantial amount in statutory damages.

Listen as our distinguished panel reviews the FCRA requirements employers must follow, techniques for preventing lawsuits, and defense techniques, as well as best practices for drafting employer policies such as background checks.

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Outline

  1. FCRA requirements
  2. Best practices for preventing claims
  3. Techniques for defending lawsuits
  4. Drafting employment policies

Benefits

The panel will review these and other key issues:

  • What are the technical FCRA requirements with which employers must comply?
  • What pitfalls lead to FCRA violation allegations, and how must employers prevent such claims?
  • What are the best practices necessary for drafting employment policies such as background checks?
  • What are the theories available for defending against FCRA class action lawsuits?
  • What types of damages are available for noncompliance with the FCRA's requirements?

Faculty

Devata, Pamela
Pamela Q. Devata
Partner
Seyfarth Shaw

Ms. Devata specializes in all aspects of employment defense including counseling, training, and litigation. She...  |  Read More

Lazazzero, Joseph
Joseph A. Lazazzero
Attorney
Littler Mendelson

Mr. Lazazzero represents and advises clients in various aspects of labor and employment law including discrimination,...  |  Read More

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