Hosted by the Labor & Employment Law Committee
Increasingly, the majority of employers run some form of background check on their potential hires or current employees. A wide spectrum of laws now intersect to provide powerful rights to hires or employees subject to background checks. This can lead to class action and individual claims that can have drastically higher values than the "garden variety" wage or discrimination claims. In recent years, million dollar class settlements have not been uncommon, even when based simply on the language in forms job applicants have signed, thus costing those defendants a million dollars for an ill-conceived sentence of text. Because the laws governing these checks often are either nominally "consumer" rather than "employment" legislation or simply obscure due to limited application, many employment law practitioners are unaware of the full spectrum of rights and claims of job applicants and job holders in these instances.
In this educational and practical CLE, panelists will provide insights from the plaintiff and defense perspective to explore: