Background Checks:
Best Practices & Legal Compliance

Background checks

Does your application or hiring process include background checks? Have you heard about the EEOC's guidance on the use of criminal background checks, but you don't understand how they fit into your background-check process?

After years of debate, the EEOC published controversial new guidance on employers' use of background-check policies and practices. Then, it used those guidelines to file a series of important lawsuits alleging violation of federal discrimination law.

Every employer needs to be in compliance.

Pepsi thought it was. The company believed it was using background checks in a nondiscriminatory way. But the EEOC saw things differently. The result: Pepsi paid $3.2 million to settle an EEOC race-bias charge. Kmart also thought it was in compliance, but it was hit with a class-action lawsuit alleging violations of background-check laws including the federal Fair Credit Reporting Act. The result: Kmart paid a $3 million settlement.

The list of well-reported companies continues to grow… will you be next?

Don't wait for a lawsuit or EEOC charge to make sure you're in compliance. It's vital — for your company and your career — to get in line now with the EEOC's Enforcement Guidance on the Consideration of Arrests and Conviction Records. Your best guide is Background Checks: Best Practices & Legal Compliance.

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With this recording, you'll discover:

  • The legal risks of background checks (both criminal and credit).
  • When, if ever, you can consider arrest records in hiring.
  • The elements of a valid, legally-compliant background check consent form (the subject of almost all new FCRA class-action lawsuits).
  • How to comply with the EEOC Guidance that you perform an "individualized assessment” on applicants screened out by background checks. (Understand the 9 key factors to consider!)
  • The most important, practical takeaways from the EEOC Guidance and FCRA class-action lawsuits.

Bottom line: The EEOC says its new rules mean employers have no more excuses for making mistakes on criminal background checks … and the risks can be huge. Add to that the class-action plaintiffs' lawyers alleging violations of the FCRA, and you have quite a problem. Get in compliance now with Background Checks!

Sincerely,

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Pat DiDomenico, Editorial Director
HR Specialist

P.S. Your satisfaction is unconditionally guaranteed. If Background Checks: Best Practices & Legal Compliance fails to meet your needs, we will refund every penny you paid – no hassles, no questions asked.

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Background Checks: Best Practices & Legal Compliance

 

About Your Speaker:

Scott BrutocaoScott Brutocao is a partner in the Austin, Texas law firm of Cornell, Smith, Mierl, & Brutocao LLP, which represents employers in all aspects of labor and employment law. Mr. Brutocao is board certified in labor and employment law by the Texas Board of Legal Specialization and is also licensed in both Texas and California. Mr. Brutocao regularly speaks to audiences on the full variety of employment law topics. Prior to Cornell Smith, Mr. Brutocao was a shareholder for 10 years in the Austin office of Ogletree, Deakins, Nash, Smoak, & Stewart, a national labor and employment law firm representing employers. Mr. Brutocao has been representing employers in Texas and California for 20 years.


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