When an employer uses background information to make an employment decision, it must be sure that it complies with federal, state, and local discrimination and privacy laws. Navigating through the various requirements can be tricky; therefore, a “simple” background check can lead to perilous implications for an employer.
Our attorneys know how to safely guide employers through the various requirements and issues related to background checks. We assist clients who look to perform a single background check on a potential key employee and those who want to set up the proper protocol for company-wide background checks when hiring or firing. Whatever purpose the background check serves, we teach clients what information they can use and how to use that information in a way that avoids potential litigation. By doing so, we can significantly minimize their risk of costly litigation and burdensome administrative actions in the future.
That said, despite an employer’s best efforts, it can sometimes find itself defending its use of background checks in forming an employment decision. We are here to help in these situations as well. We defend clients against EEOC or state agency charges of discrimination, preventing the matter from escalating further. Additionally, we represent employers in lawsuits brought by either the EEOC or individual plaintiffs regarding an employer’s background check use.
- Advising and training employers on whether their procedures regarding background checks are in compliance with federal and state laws
- Developing policies for employers, which take into account EEOC guidelines and other applicable laws, so they can make informed decisions regarding the hiring or termination of an individual
- Defending employers against EEOC or state agency charges of discrimination or civil litigation