FCRA Litigation Against Employers: Drafting Policies and Procedures for Compliance, Leveraging Defense Strategies
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, March 3, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide employers and their counsel on preventing and defending against Fair Credit Reporting Act (FCRA) lawsuits arising from employee background checks. The panel will review FCRA statutory requirements, best practices for developing background check policies, and strategies for defending against individual and class claims.
Ms. Devata has extensive knowledge and experience on all things relating to the use of criminal, credit, and other background checks related to hiring. Both employers and background screening companies (consumer reporting agencies) look to Ms. Devata for guidance based on her deep knowledge and experience practicing in this area for nearly 20 years. She has a wide range of experience in this area of law. Ms. Devata has handled hundreds of class action lawsuits and numerous single-plaintiff cases. She has also discussed these topics to key stakeholders at thousands of speaking engagements. She even testified in October 2010 at the Public Meeting of the EEOC in Washington, DC, about the use of credit checks as a screening tool for job applicants. Ms. Devata is recognized nationwide for her vast knowledge on all things related to background checks. She counsels employers, marketplaces, staffing companies, property management companies, insurance companies, and background screening companies on the intricacies of the FCRA and laws affecting hiring and screening processes. She represents more than 200 background screening companies of all sizes.
Mr. Lazazzero represents and advises clients in various aspects of labor and employment law including discrimination, harassment, and non-compete cases.
In light of the economic downturn and employment insecurity following 2020, employees and applicants continue to file individual and class claims against employers alleging violations of the FCRA in conducting employee background checks. Damages for noncompliance with the FCRA can soar into the millions. All employers should be on high alert as FCRA claims and lawsuits span a variety of industries.
FCRA cases are frustrating for employers because many of the claims are based on highly technical requirements of the FCRA that are easily violated. Counsel must be prepared to appropriately draft and implement policies that incorporate the FCRA requirements to mitigate litigation risks, particularly in the current era of employee-friendly court rulings.
Counsel must also be well versed in defense theories that will withstand court scrutiny. Failure to properly prepare can cost clients a substantial amount in statutory damages.
Listen as our distinguished panel reviews the FCRA requirements employers must follow, techniques for preventing lawsuits, and defense techniques, as well as best practices for drafting employer policies such as background checks.
- FCRA requirements
- Best practices for preventing claims
- Techniques for defending lawsuits
- Drafting employment policies
The panel will review these and other key issues:
- What are the technical FCRA requirements with which employers must comply?
- What pitfalls lead to FCRA violation allegations, and how must employers prevent such claims?
- What are the best practices necessary for drafting employment policies such as background checks?
- What are the theories available for defending against FCRA class action lawsuits?
- What types of damages are available for noncompliance with the FCRA's requirements?
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