Pre-Employment Background Screening: FCRA, EEOC, Ban-the-Box, State and Local Law Compliance

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


Conducted on Wednesday, February 21, 2018

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to employment counsel on minimizing liability risks when conducting pre-employment background checks in light of increasing state and local regulations. The panel will review the rise in credit-check bans and ban-the-box laws, how these laws interact with the Fair Credit Reporting Act (FCRA), and how to structure hiring policies and procedures that minimize liability exposure.

Description

An increasing number of state and city legislatures have enacted a patchwork of laws barring or limiting employers’ use of credit and criminal background checks for job candidates. Employers that fail to comply with the new restrictions risk multimillion dollar class action lawsuits.

When pre-screening applicants, employers must balance their interest in avoiding negligent hiring and retention claims against myriad rights of applicants under federal, state and local laws.

Employment counsel should guide employers in weighing whether the benefits of obtaining a comprehensive background check outweigh potential liability for violating employment laws. Counsel can also assist employers with developing effective and compliant screening policies.

Listen as our authoritative panel examines the legal risks associated with pre-employment background checks in light of increasing state and local legislation restricting credit and criminal checks. The panel will review the rise in credit check bans and ban-the-box laws, how these laws interact with the FCRA, and how to structure hiring policies and procedures that minimize liability exposure.

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Outline

  1. Recent legal developments
    1. Ban-the-box initiatives
    2. State and local credit check bans
    3. Use of criminal background checks
  2. Interplay with FCRA obligations
  3. Best practices
    1. Establishing policies on what information can be collected and used
    2. Enforcing policies consistently and uniformly
    3. Training managers, supervisors and employees on company policy
    4. Using recruiters in hiring—joint employer liability
    5. Using social media in hiring

Benefits

The panel will review these and other key issues:

  • How should employers with operations in multiple jurisdictions protect themselves against the patchwork of federal, state and local laws?
  • How can employers balance their duty to conduct due diligence background checks on applicants against their duty not to discriminate in employment decisions?
  • What are best practices for employers when developing and implementing policies for the use of credit records, criminal histories and social networking sites in hiring decisions?

Faculty

Frattarelli, Peter
Peter L. Frattarelli

Partner
Archer & Greiner

Mr. Frattarelli is Chair of the firm’s Labor & Employment Department. He regularly represents management and...  |  Read More

Hoffmeister, Julie
Julie D. Hoffmeister, Esq.

Troutman Sanders

Ms. Hoffmeister practices in the firm’s Consumer Financial Services group, with a primary focus on Financial...  |  Read More

Sholinsky, Susan
Susan Gross Sholinsky

Member
Epstein Becker & Green

Ms. Sholinsky advises employers on all facets of the employment relationship, from pre-employment considerations and...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$297

Download

48 hours after event

$297

DVD

10 business days after event

$297 + $9.45 S&H