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Perhaps now more than ever before, employers are relying on background checks of job applicants and employees to, among other things, maintain a safe and secure working environment and satisfy contractual and statutory requirements.  In 2011, no less an authority than the United States Supreme Court acknowledged the legitimate interest that employers have in conducting employment-related background checks in NASA v. Nelson, 09-530 (Jan. 12, 2011).  In conducting these investigations, however, companies still must navigate a complex maze of federal, state and local requirements and make certain necessary business decisions about the associated legal risks.

Our lawyers assist employers in protecting their business interests while also taking efforts to minimize the risk of costly litigation and burdensome administrative actions.  We help our clients by making sure that their investigative procedures comply with federal, state and local discrimination and privacy laws, including Title VII of the Civil Rights Act of 1964 and the Fair Credit Reporting Act. 

Recently, the Internet has opened up a vast network of publicly accessible information about job applicants and employees – and created new litigation risks.  We guide our clients through this emerging area of employment law, counseling them on what information they can and cannot use.

Additional services we provide include the following:

  • Analyzing and establishing the recommended infrastructure for multistate pre-employment and employment-related screening programs;
  • Reviewing the paperwork used to support the process, including authorization and disclosure forms and “adverse action” letters;
  • Reviewing the “end-user” or subscriber agreements between employers and screening firms; and
  • Defending employers and background check companies in civil and administrative litigation.