Background Checks: The Ever-Changing Landscape

Background checks are a vital part of the hiring process for many employers, but these checks may come with significant risk. Employers must understand related legal pitfalls and obligations under federal law, the Fair Credit Reporting Act (FCRA), and increasingly, state law when it comes to the use of background checks in the employment context.

Recent cases, including a high-profile 9th circuit case, indicate that FCRA compliance, particularly procedural compliance, continues to pose a challenge for employers. Employers cannot rely on background check companies to handle this portion of the recruitment and hiring process, and instead, must become familiar with the FCRA’s requirements to avoid substantial liability, often brought as class action lawsuits.

Join Meredith S. Dante and Anu Thomas as they discuss recent cases, as well as recommended strategies for avoiding common pitfalls under the FCRA and state law in this ever-changing landscape.