We can assist employers with all of their background check-related needs, including:

• Advice regarding whether it is appropriate to “ban-the-box” and forego asking about an applicant’s criminal history on an initial application and alternate means of inquiring into an applicant’s criminal record;
• Guidance on whether a company’s background check procedures are subject to the requirements of the federal FCRA and/or state law and the company’s obligations under applicable laws;
• Review and revision of forms required by state or federal fair credit reporting laws;
• Developing and refining policies that help a company make reasoned disqualification decisions taking into account the EEOC’s guidelines and state law;
• Defense of EEOC or state agency charges of discrimination at the initial stage with the goal of avoiding such charges evolving into class investigations;
• Defense of EEOC or state agency systemic investigations relating to criminal or credit background practices;
• Defense of individual or class-based lawsuits brought by the EEOC or private plaintiffs; and
• Training for corporate human resources and security departments (and other management personnel) on preventive strategies to minimize liability for the use of background checks.