The Equal Employment Opportunity Commission (“EEOC”) and
the Federal Trade Commission (“FTC”) issued guidance on utilizing background
checks in the employment context. The
publications offer technical assistance to employers on how the agencies’ laws
impact the background check process.
One document, entitled “Background
Checks: What Employers Need to Know,” informs employers about steps they
must take to gather, use, and dispose of background information legally. The other document, entitled “Background
Checks: What Job Applicants and Employees Should Know,” answers basic
questions employees and job applicants might have about their rights during
this process.
The publications emphasize that employers are prohibited
from engaging in discrimination when conducting and utilizing information gathered
from screening procedures. They also
require employers to comply with the Fair Credit Reporting Act (“FCRA”) if the
employer uses a third party to compile background information. They provide examples of best practices for
employers to use when screening applicants and employees.
Michael A. Shadiack, a partner in Connell Foley’s Labor
and Employment Law practice group, will be giving an in-depth presentation
about background checks on June 13, 2014.
For more information or to register for the presentation, please view
the event
information found on the New Jersey Business & Industry Association’s
website.
