Investigative Management Group: The New FCRA Regulations for Background Investigations
Susan Gross Sholinsky and Jeff Landes, Members of the Firm, present "The New FCRA Regulations for Background Investigations," a breakfast presentation hosted by the Investigative Management Group.
The session addressed the importance of complying with both federal and state credit reporting laws, as well as other related laws, when looking into the background of potential and current employees.
The speakers discussed the recent Equal Employment Opportunity Commission (EEOC) guidance on the use of arrest and conviction records, as well as the legality of using certain information obtained in connection with background checks. Also addressed was certain recently-enacted state laws limiting employers' use of credit information as well as laws restricting employers' ability to require applicants for employment to provide social media passwords, as well as the "ban the box" movement, which restricts employers from obtaining certain criminal background information at different stages in the application process. Several states and cities have implemented laws recently addressing this topic.
Finally, Ms. Sholinsky and Mr. Landes discussed how to properly obtain authorization to perform background checks, and the steps employers must take prior to making an adverse decision based on information obtained through the background check process, including a discussion of the new forms put forth by the newly-formed Consumer Financial Protection Bureau (CPFB), which now shares oversight of the federal Fair Credit Reporting Act with the Federal Trade Commission.