FCRA Litigation Against Employers: Drafting Policies and Procedures for Compliance, Leveraging Defense Strategies

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.

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.