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Pre-Employment Background Screening After New EEOC Guidance

Strafford Webinar

July 02, 2013


Pre-Employment Background Screening: Latest Developments

Structuring Policies to Comply With Title VII, Fair Credit Reporting Act and State Laws

A live 90-minute CLE webinar/teleconference with interactive Q&A

Tuesday, July 2, 2013

1:00pm to 2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar will provide guidance to employment counsel on the legal pitfalls of pre-employment background checks. The panel will prepare practitioners to counsel employers on how to structure hiring policies and procedures that minimize liability exposure.


Employers are increasingly checking the credit histories and criminal records of prospective workers when making employment decisions. The EEOC's 2012 guidance on criminal background checks has significantly impacted whether and how such screenings are used during the hiring process.

When pre-screening applicants, employers must balance their interest in avoiding negligent hiring and retention claims against the myriad rights of applicants under federal and state laws, including Title VII and the Fair Credit Reporting Act.

Employment counsel must guide employers in weighing whether the benefits of obtaining a comprehensive background check outweigh potential liability for violating relevant laws. Counsel should also assist employers with developing effective and compliant screening policies.

Listen as our authoritative panel examines the legal risks of conducting pre-employment background checks. The panel will discuss the EEOC's recent guidance on criminal background checks and provide strategies for counsel to minimize employers' liability exposure when obtaining and using credit histories and criminal background information to make hiring decisions.

I. Recent legal developments A. EEOC guidance on criminal background checks
B. Fair Credit Reporting Act compliance
C. State law compliance

II. Best practices to minimize litigation risks A. Weigh benefits of obtaining data versus potential legal liabilities
B. Develop written policies on what information can be collected and used
C. Enforce policies consistently and uniformly
D. Train managers, supervisors and employees on company policy
E. Considerations when using recruiters in hiring—joint employer liability
F. Considerations when using social media in hiring


The panel will review these and other key questions:

  • How have employers responded to the EEOC's recent guidance on criminal background checks?
  • How can businesses balance their duty to conduct due diligence background checks on applicants against their duty not to discriminate in employment decisions?
  • What are the best practices for employers when developing and implementing policies for the use of credit records, criminal histories and social networking sites in hiring decisions?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Pamela Q. Devata, Partner, Seyfarth Shaw, Chicago, IL

She specializes in all aspects of employment defense including counseling, training, and litigation. She also has a special emphasis on the Fair Credit Reporting Act (FCRA) and state laws effecting background screening. She counsels both employers and providers (resellers and consumer reporting agencies) of background information on compliance requirements under the FCRA and related state laws.

Cindy D. Hanson, Partner, Kilpatrick Townsend & Stockton, Atlanta, GA

She focuses her practice on complex commercial litigation and class action defense. She has handled hundreds of matters under the Fair Credit Reporting Act. Her practice includes the representation of both consumer reporting agencies and entities who furnish information to consumer reporting agencies.

Lester S. Rosen, Founder, President and CEO Employment Screening Resources (ESR), Novato, CA

He is a consultant, writer and frequent presenter nationwide on pre-employment screening and safe hiring issues. His speaking appearances have included numerous national and statewide conferences. He has qualified and testified in the California. Florida and Arkansas Superior Court as an employment screening expert on issues surrounding safe hiring and due diligence.

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