This CLE webinar will provide guidance to employment counsel on 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, discuss how these laws interact with the Fair Credit Reporting Act, and help prepare practitioners to counsel employers on how to structure hiring policies and procedures that minimize liability exposure.

Over the last few years, state and city legislatures have enacted a patchwork of laws to restrict the pre-employment process, including laws barring employers’ use of credit and criminal background checks on job candidates. After a slow start, the grassroots movement goading this legislative change is finally gaining significant momentum, with numerous states, cities and counties enacting laws limiting the hiring process and a federal bipartisan “ban the box” bill currently being discussed.

Private employers are finally taking notice of their newly limited ability to scrutinize job applicants, especially since employers who don’t take notice of their new obligations can be hit with multimillion dollar class action lawsuits. When pre-screening applicants, employers must balance their interest in avoiding negligent hiring and retention claims against the myriad rights of applicants under federal, state and local laws, including a growing number of state and local bans on credit and criminal background checks.

Employment counsel must 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, discuss how these laws interact with the Fair Credit Reporting Act, and help prepare practitioners to counsel employers on how to structure hiring policies and procedures that minimize liability exposure.