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Background Checks: Required Disclosures, Notices Prior to Adverse Action, and More - On-Demand

Background Checks: Required Disclosures, Notices Prior to Adverse Action, and More - On-Demand

Product Code: YEWA062520A

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Background Checks: Required Disclosures, Notices Prior to Adverse Action, and More - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: Attendees will get a clear rundown on the latest legal decisions as well as best practices when providing disclosures of background checks before adverse employee action due to background checks.


Recently, on March 20, the 9th U.S. Circuit issued an opinion on the text of the Fair Credit Reporting Act (FCRA) and gave guidance to employers on how to ensure their standalone disclosure statements are compliant.  While other courts may not take the requirements as literally, it is best for employers to ensure their disclosure statements regarding background checks pass muster.

Employers may order background reports for employment purposes, but must first disclose their intention to do so and obtain authorization in a standalone disclosure is “clear” and “conspicuous.” As employers using background checks try to navigate compliance with the law, it can be confusing to interpret what you can and can’t do before an adverse action.

Don’t take a chance on whether your organization’s pre-employment screening practices could subject you to legal liability and costly penalties. Use this on-demand webinar for the latest information on the policy-based and procedural safeguards you should have in place so your pre-employment hiring practices don’t result in disparate impact or discrimination claims because of how you approach issues such as background check disclosures.

At the conclusion of this program, participants will be able to:

  • Get the latest on FCRA rules regarding background check disclosure for adverse employee action and the latest 9th Circuit ruling that gives guidance to employers
  • Learn how to ensure that your standalone disclosure is clear
  • When drafting background check disclosures, make sure you have it reviewed by an attorney
  • Understanding how to make disclosures “clear” and “conspicuous” with no extraneous additions
  • Establish background check policies that link the decision-making to job descriptions
  • Be aware of ban-the-box and other laws that govern the use of credit reports for employment decisions
  • Know whether you have to explain if you decide against hiring someone because of a criminal record—and why
  • Avoid “red flag” issues that could result in disparate treatment and disparate impact, such as age-related questions or personal data
  • Understand the importance of individualized assessments to avoid discrimination claims
  • And much more!

About Your Presenters

Lester Rosen

Lester S. Rosen, Esq.

Attorney Lester S. Rosen is Founder & CEO of Employment Screening Resources® (ESR), a global background check firm located in the San Francisco, California area that is accredited by the Professional Background Screening Association  (PBSA). He is a nationally recognized background check expert and the author of The Safe Hiring Manual, the first comprehensive guide to employment screening. He is a frequent presenter on safe hiring issues, and his speaking appearances for "ESR Speaks" include numerous state and national conferences.  He was the chairperson of the steering committee that founded the PBSA and served as its first cochair.  He has also served as an expert witness on background screening issues. 

Timothy St. George

Timothy St. George, Esq. 

Timothy St. George is a partner at Troutman Sanders LLP. His practice includes the representation of clients in federal and state courts, at both the trial and appellate levels. He focuses his practice in the areas of complex litigation and business disputes, financial services litigation, and consumer litigation. St. George is a nationally-recognized expert on issues relating to the Fair Credit Reporting Act (FCRA) and employment background screening, as well as class action litigation. In 2018, he was one of only five attorneys nationwide to be designated as a Law360 Rising Star in the field of consumer protection, which identified attorneys whose legal accomplishments “transcend” their age. That same year, he was also identified by Benchmark Litigation as one of the top attorneys under the age of 40 in the country.