Pre-Employment Background Screening: FCRA, EEOC, Ban-the-Box, State and Local Law Compliance
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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.
- Recent legal developments
- Ban-the-box initiatives
- State and local credit check bans
- Use of criminal background checks
- Interplay with FCRA obligations
- Best practices
- Establishing policies on what information can be collected and used
- Enforcing policies consistently and uniformly
- Training managers, supervisors and employees on company policy
- Using recruiters in hiring—joint employer liability
- Using social media in hiring
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?
Peter L. Frattarelli
Archer & Greiner
Mr. Frattarelli is Chair of the firm’s Labor & Employment Department. He regularly represents management and... | Read More
Mr. Frattarelli is Chair of the firm’s Labor & Employment Department. He regularly represents management and employers in labor and employment litigation and proceedings. His management defense experience has been in a wide variety of contexts, ranging from unlawful discipline through wrongful termination. Mr. Frattarelli also has an extensive labor law background, representing and providing advice to employers in a number of different contexts ranging from day-to-day wage and salary issues up to actions and proceedings involving labor organizations.Close
Julie D. Hoffmeister
Ms. Hoffmeister practices in the firm’s Consumer Financial Services group, with a primary focus on Financial... | Read More
Ms. Hoffmeister practices in the firm’s Consumer Financial Services group, with a primary focus on Financial Services Litigation. She is part of the firm’s national practice defending consumer-facing companies of all types in defense of individual and class action claims, including claims under the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Telephone Consumer Protection Act, Uniform Commercial Code and Driver’s Privacy Protection Act. Ms. Hoffmeister has been counsel to companies defending individual and class action cases in many states, including Virginia, Colorado, Florida, Georgia, Illinois, Maryland, New York, New Jersey, North Carolina, Nebraska, Missouri, South Carolina, Pennsylvania, Michigan, Minnesota, and Tennessee.Close
Susan Gross Sholinsky
Epstein Becker & Green
Ms. Sholinsky advises employers on all facets of the employment relationship, from pre-employment considerations and... | Read More
Ms. Sholinsky advises employers on all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions. She develops and audits employers' policies and procedures to ensure compliance with applicable federal, state and local law and best practices. Ms. Sholinsky counsels employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment. Ms. Sholinsky serves on the adjunct faculty of the Cornell University School of Industrial and Labor Relations, where she teaches courses concerning human resources and the law. She also frequently speaks at events and webinars on employment law topics and authors numerous publications on employment law issues.Close