EEOC/FTC Issue Guidance on Background Checks


The Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”) issued guidance on utilizing background checks in the employment context.  The publications offer technical assistance to employers on how the agencies’ laws impact the background check process.

One document, entitled “Background Checks: What Employers Need to Know,” informs employers about steps they must take to gather, use, and dispose of background information legally.  The other document, entitled “Background Checks: What Job Applicants and Employees Should Know,” answers basic questions employees and job applicants might have about their rights during this process.

The publications emphasize that employers are prohibited from engaging in discrimination when conducting and utilizing information gathered from screening procedures.  They also require employers to comply with the Fair Credit Reporting Act (“FCRA”) if the employer uses a third party to compile background information.  They provide examples of best practices for employers to use when screening applicants and employees.

Michael A. Shadiack, a partner in Connell Foley’s Labor and Employment Law practice group, will be giving an in-depth presentation about background checks on June 13, 2014.  For more information or to register for the presentation, please view the event information found on the New Jersey Business & Industry Association’s website.