Conducting Background Checks: Federal, State, and Local Law Considerations

Presented by Andrew J. Sommer, Daniel C. Deacon and Ashley D. Mitchell

Employers must consider an array of federal, state, and local laws when implementing background checks. Notably, the Fair Credit Reporting Act (FCRA) imposes strict disclosure and authorization requirements that employers must follow prior to obtaining any background check on an applicant or employee, as well as procedural requirements before employers may take an adverse employment action based on the results of the background check. Additionally, various states and municipalities impose restrictions on an employer’s ability to conduct background checks, including when employers may ask applicants about their criminal history and what types of convictions may be considered.

In this webinar, participants learned about:

• Disclosure and authorization requirements under the FCRA
• Tips to comply with the FCRA when taking an adverse employment action
• State and local laws regulating background checks, including ban-the-box laws restricting the timing and scope of criminal background inquiries
• Class actions and other legal trends over background checks, and tips for employers to avoid being targeted in litigation

A webinar from Conn Maciel Carey LLP.

Use of this video does not in any manner constitute or establish an attorney-client relationship between Conn Maciel Carey and the viewer. This video may be deemed “attorney advertising” in jurisdictions from which it is accessed. The decision to hire a lawyer is a serious one and should be undertaken after consideration of all relevant information, not only information on this video.


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