Written By ESR News Blog Editor Thomas Ahearn

Attorney Lester Rosen, founder and chief executive officer (CEO) of Employment Screening Resources® (ESR), will co-present a webinar with Timothy St. George, a Partner at Troutman Sanders LLP, titled “Background Checks: Required Disclosures, Notices Prior to Adverse Action, and More” on Thursday, June 25, 2020, from 1:30 p.m. to 3:00 p.m. Eastern Standard Time / 10:30 a.m. to 12:00 p.m. Pacific Standard Time.

On March 20, 2020, the Ninth U.S. Circuit issued an opinion on the text of the federal Fair Credit Reporting Act (FCRA) and gave guidance to employers on how to ensure standalone disclosure statements regarding background checks comply with the FCRA. While other courts may not take the requirements as literally, employers should ensure their disclosures pass muster.

Attendees of the 90-minute webinar presented by Rosen and St. George for Business & Legal Resources (BLR) will get a clear run down on the latest legal decisions as well as best practices when providing disclosures of background checks before taking adverse employee action due to background checks. At the conclusion of this webinar, participants will be able to:

  • Get the latest on FCRA rules regarding background check disclosure for adverse employee action and the latest Ninth Circuit ruling that gives guidance to employers.
  • Learn how to ensure that your standalone disclosure is clear.
  • Understand how to make disclosures “clear” and “conspicuous” with no extraneous additions.
  • Establish background check policies that link the decision-making to job descriptions
  • Be aware of ban-the-box and other laws that govern the use of credit reports for employment decisions.
  • Know whether you have to explain if you decide against hiring someone because of a criminal record – and why.
  • Avoid “red flag” issues that could result in disparate treatment and disparate impact, such as age-related questions or personal data.
  • Understand the importance of individualized assessments to avoid discrimination claims.

Employers may order background reports for employment purposes, but must first disclose their intention to do so and obtain authorization in a standalone disclosure is “clear” and “conspicuous.” As employers using background checks try to navigate compliance with the law, it can be confusing to interpret what they can and cannot do before taking adverse action.

Employers should attend the webinar with Rosen and St. George for the latest information on the policy-based and procedural safeguards to have in place so hiring practices do not result in disparate impact or discrimination claims because of how they approached background check disclosures. To register for the webinar, visit https://store.blr.com/background-checks-062520.

Attorney Lester Rosen is a nationally-recognized background check expert, the author of “The Safe Hiring Manual,” and a frequent presenter for “ESR Speaks.” He was the chairperson of the steering committee that founded the Professional Background Screening Association (PBSA) and served as the first co-chair. In 2019, he received the PBSA Lifetime Achievement Award.  

Timothy St. George is a nationally-recognized expert on issues relating to the FCRA, background screening, and class action litigation. In 2018, he was one of only five attorneys nationwide to be designated as a Law360 Rising Star in the field of consumer protection and was also identified by Benchmark Litigation as one of the top attorneys under the age of 40 in the country.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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