Written By ESR Information Weblog Editor Thomas Ahearn
Lawyer Lester Rosen, founder and chief government officer (CEO) of Employment Screening Sources® (ESR), will co-present a webinar with Timothy St. George, a Companion at Troutman Sanders LLP, titled “Background Checks: Required Disclosures, Notices Previous to Adversarial Motion, and Extra” on Thursday, June 25, 2020, from 1:30 p.m. to three:00 p.m. Japanese Commonplace Time / 10:30 a.m. to 12:00 p.m. Pacific Commonplace Time.
On March 20, 2020, the Ninth U.S. Circuit issued an opinion on the textual content of the federal Truthful Credit score Reporting Act (FCRA) and gave steering to employers on how to make sure standalone disclosure statements relating to background checks adjust to the FCRA. Whereas different courts could not take the necessities as actually, employers ought to guarantee their disclosures move muster.
Attendees of the 90-minute webinar introduced by Rosen and St. George for Enterprise & Authorized Sources (BLR) will get a transparent run down on the most recent authorized selections in addition to finest practices when offering disclosures of background checks earlier than taking opposed worker motion attributable to background checks. On the conclusion of this webinar, members will be capable to:
- Get the most recent on FCRA guidelines relating to background examine disclosure for opposed worker motion and the most recent Ninth Circuit ruling that provides steering to employers.
- Discover ways to be certain that your standalone disclosure is obvious.
- Perceive how one can make disclosures “clear” and “conspicuous” with no extraneous additions.
- Set up background examine insurance policies that hyperlink the decision-making to job descriptions
- Concentrate on ban-the-box and different legal guidelines that govern the usage of credit score experiences for employment selections.
- Know whether or not it’s important to clarify when you resolve in opposition to hiring somebody due to a legal document – and why.
- Keep away from “crimson flag” points that might end in disparate therapy and disparate impression, resembling age-related questions or private knowledge.
- Perceive the significance of individualized assessments to keep away from discrimination claims.
Employers could order background experiences for employment functions, however should first disclose their intention to take action and procure authorization in a standalone disclosure is “clear” and “conspicuous.” As employers utilizing background checks attempt to navigate compliance with the legislation, it may be complicated to interpret what they’ll and can’t do earlier than taking opposed motion.
Employers ought to attend the webinar with Rosen and St. George for the most recent info on the policy-based and procedural safeguards to have in place so hiring practices don’t end in disparate impression or discrimination claims due to how they approached background examine disclosures. To register for the webinar, go to https://retailer.blr.com/background-checks-062520.
Lawyer Lester Rosen is a nationally-recognized background examine skilled, the creator of “The Secure Hiring Handbook,” and a frequent presenter for “ESR Speaks.” He was the chairperson of the steering committee that based the Skilled Background Screening Affiliation (PBSA) and served as the primary co-chair. In 2019, he acquired the PBSA Lifetime Achievement Award.
Timothy St. George is a nationally-recognized skilled on points regarding the FCRA, background screening, and sophistication motion litigation. In 2018, he was considered one of solely 5 attorneys nationwide to be designated as a Legislation360 Rising Star within the subject of shopper safety and was additionally recognized by Benchmark Litigation as one of many high attorneys below the age of 40 within the nation.
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