CSI Blog

Webinar: New Important Court Decisions! It’s REALLY TIME to look at those background check disclosure and authorization forms!

There have a been a series of recent troubling court decisions regarding background check disclosure forms that employers should be aware of surrounding their obligations around what should be and should not be in their forms.

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What’s New?

There have a been a series of recent troubling court decisions regarding background check disclosure forms that employers should be aware of surrounding their obligations around what should be and should not be in their forms.

The trend of lawsuits regarding background check disclosure forms is not new. However, the latest court decision holding employers responsible for willful violations of the Fair Credit Reporting Act (FCRA) is! And it can be expensive!

Did You Know?

Statutory damages for willful violations under the FCRA can range from $100.00 to $1,000.00 per occurrence (plus punitive damages and attorney’s fees!) And there’s more…This is in addition to any uncapped damages a consumer may be entitled to!

Why Should You Care?

Background check disclosure and authorization forms are employer obligations (generally even if you receive these documents or samples from your background check company.) It is critical for employers to know and understand exactly what is being presented to their applicants whether on paper or electronically.

Join Pam Devata, Partner with Seyfarth Shaw LLP and Kellie O’Shea, General Counsel for Creative Services, Inc. for a virtual discussion on what employers should know about their obligations for background check disclosure forms.

Details

Thursday, June 17th, 2021
1:00pm EDT

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After registering, you will receive a confirmation email containing information about joining the webinar.

About the Speakers

Pam Devata, Partner at Seyfarth Shaw

To protect their companies, most employers conduct some type of screening of potential and current employees. Any employer who conducts background checks needs to be aware of the myriad of laws regarding what they can ask, when they can or cannot ask, what information they can rely upon, and how that information can be used. This includes the hyper-technical federal law, the Fair Credit Reporting Act (FCRA) and many other state and local laws throughout the country. Both employers and background screening companies (consumer reporting agencies) look to Pam for guidance based on her deep knowledge and experience practicing in this area for nearly 20 years. She leads Seyfarth's nationwide Background Screening Compliance and Litigation Defense team, which currently has approximately 40 members nationwide.

Kellie O’Shea, General Counsel at Creative Services, Inc.

With almost 20 years of experience in background screening, Kellie is a proven professional that delivers innovative thinking, organizational excellence and education in the areas of employment screening and compliance. She is active in industry trade associations including the Professional Background Screening Association (PBSA) where she currently holds an Advanced Certification in the Fair Credit Reporting Act (FCRA). Kellie continues to promote education around employment screening, lobbying at the state and federal levels on issues impacting background screening. Kellie is certified as a Professional in Human Resources (PHR) as well as a certified analyst in the Predictive Index® (PI®) behavioral assessment suite. She is a member of the Massachusetts Bar, United States Federal Court-District of Massachusetts Bar as well as a member of the Bar of the Supreme Court of the United States. As a subject matter expert, she has spoken at a number of industry events, has been quoted in many industry and trade journals and has published a number of articles on background screening and human resource topics.

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