Pre-Employment Background Screening Under 2014 EEOC Guidance and Intense Scrutiny
Structuring Policies to Comply With Title VII, Fair Credit Reporting Act and State Laws
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to employment counsel on the legal pitfalls of pre-employment background checks. The panel will prepare practitioners to counsel employers on how to structure hiring policies and procedures that minimize liability exposure.
Outline
- Recent legal developments
- EEOC and FTC guidance on criminal background checks
- Fair Credit Reporting Act compliance
- State law compliance
- Best practices to minimize litigation risks
- Weigh benefits of obtaining data versus potential legal liabilities
- Develop written policies on what information can be collected and used
- Enforce policies consistently and uniformly
- Train managers, supervisors and employees on company policy
- Considerations when using recruiters in hiring—joint employer liability
- Considerations when using social media in hiring
Benefits
The panel will review these and other key questions:
- How have employers responded to the EEOC’s recent clarification and additional guidance issued on criminal background checks?
- How can businesses balance their duty to conduct due diligence background checks on applicants against their duty not to discriminate in employment decisions?
- What are the 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

Pamela Q. Devata
Partner
Seyfarth Shaw
Ms. Devata specializes in all aspects of employment defense including counseling, training, and litigation. She... | Read More
Ms. Devata specializes in all aspects of employment defense including counseling, training, and litigation. She also has a special emphasis on the Fair Credit Reporting Act (FCRA) and state laws effecting background screening. She counsels both employers and providers (resellers and consumer reporting agencies) of background information on compliance requirements under the FCRA and related state laws.
CloseCindy D. Hanson
Partner
Kilpatrick Townsend & Stockton
Ms. Hanson focuses her practice on complex commercial litigation and class action defense. She has handled hundreds of... | Read More
Ms. Hanson focuses her practice on complex commercial litigation and class action defense. She has handled hundreds of matters under the Fair Credit Reporting Act. Her practice includes the representation of both consumer reporting agencies and entities who furnish information to consumer reporting agencies.
CloseLester S. Rosen
Founder, President and CEO
Employment Screening Resources (ESR)
Mr. Rosen is a consultant, writer and frequent presenter nationwide on pre-employment screening and safe hiring... | Read More
Mr. Rosen is a consultant, writer and frequent presenter nationwide on pre-employment screening and safe hiring issues. His speaking appearances have included numerous national and statewide conferences. He has qualified and testified in the California. Florida and Arkansas Superior Court as an employment screening expert on issues surrounding safe hiring and due diligence.
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