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David C. Henderson, a member of the firm’s Labor, Employment and Benefits practice group, published “9 Concepts to Consider When Conducting Background Checks” in Law360’s “Expert Analysis” section on March 21. The article discusses the new guidance copublished by the Equal Employment Opportunity Commission and the Federal Trade Commission that for the first time synthesizes the two agencies’ rules on employee background checks. The new guidance is contained in two documents, "Background Checks: What Employers Need to Know" and "Background Checks: What Job Applicants and Employees Need to Know," and it reflects not only the EEOC’s concern about preventing unlawful discrimination, but also the FTC’s concern about enforcing the Fair Credit Reporting Act.

David notes that a central theme is that employers still have wide latitude to conduct background checks. But, as the guidance also explains, there are significant protections for job applicants and employees, as well as important restrictions on employers’ efforts to obtain and use individual background information. The guidance also underscores the opportunities available to job applicants and employees to correct their records in advance of adverse employment action even being considered. He provides nine key concepts that employers should understand based on the new EEOC and FTC guidance.

To view the article, click here.