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Conducting Background Checks: Federal, State, and Local Law Considerations
Presented by Andrew J. Sommer, Daniel C. Deacon and Ashley D. Mitchell

There are an array of federal, state, and local laws that employers must consider when implementing background checks. Notably, the Fair Credit Reporting Act (“FCRA”) imposes strict disclosure and authorization requirements that employers must follow prior to obtaining any consumer report on an applicant or employee, including background checks. Additionally, several state and local laws impose restrictions on an employer’s ability to conduct background checks, including when employers can ask applicants about their criminal history and what type of convictions may be considered in making employment-related decisions. In this webinar, participants will learn about:

• The disclosure and authorization requirements under the FCRA
• Tips to comply with the FCRA when taking an adverse employment action
• State and federal law considerations in implementing background checks, including Title VII of the Civil Rights Act; and
• State and Local Ban the Box laws prohibiting inquiries into criminal history until later in the application process

Oct 13, 2020 01:00 PM in Eastern Time (US and Canada)

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Speakers

Andrew J. Sommer
Partner, Labor • Employment Practice Group @Conn Maciel Carey LLP
Andrew Sommer is a partner in Conn Maciel Carey’s San Francisco office. He advises employers on a wide range of labor and employment matters, and defends against claims of discrimination, harassment, whistleblowing, wage and hour violations and wrongful termination. Mr. Sommer also represents employers in inspections and enforcement actions involving Cal/OSHA.
Daniel C. Deacon
Associate, OSHA and Labor • Employment Practice Group @Conn Maciel Carey LLP
Daniel C. Deacon is an Associate in the Washington, DC office of Conn Maciel Carey, working in both the Labor and Employment and OSHA • Workplace Safety Practice Groups. Dan's practice focuses on all aspects of occupational safety & health law and labor and employment law. He represents employers in inspections, investigations and enforcement actions involving OSHA and other state and local safety related agencies.
Ashley D. Mitchell
Associate @Conn Maciel Carey LLP
Ashley D. Mitchell is an Associate in the Chicago office of Conn Maciel Carey LLP supporting both the OSHA and Labor and Employment practice groups. Ms. Mitchell represents and advises clients in a broad range of employment issues involving the employer-employee relationship including wage and hour disputes, Title VII discrimination claims, and compliance with the Americans with Disabilities Act (ADA). She also provides advice and guidance on responding to workplace safety complaints and litigating contests of OSHA citations.