Employers rely on background checks of job applicants and employees to maintain a safe and secure working environment and satisfy contractual and statutory requirements. Our Labor & Employment attorneys routinely assist clients with the following legal services related to background checks:
- Advising on employment issues that arise under federal, state and municipal laws relating to background checks, including non-discrimination laws, Article 23-A of the New York Correction Law, “ban the box” laws and the Fair Credit Reporting Act.
- Customizing explanations of laws in employer-specific jurisdictions (including interactions and conflicts between the laws of different jurisdictions).
- Analyzing and establishing policies and best practices for multistate pre-employment and employment-related screening programs.
- Reviewing the forms used to support the background check process, including authorization and disclosure forms, questionnaires, and “pre-adverse” and “adverse action” letters.
- Defending employers in single-plaintiff cases as well as class-wide litigation.