Navigating Increasing Risk when Conducting Employment Background Checks


CLE credits earned: 2 General Credits (WA 2 Law and Legal)

Litigation over the use of criminal background checks in the hiring process is accelerating as we enter 2021.  Employers are increasingly targeted by plaintiff class action firms and government agencies for alleged violations of laws and regulations governing consumer protection and equal employment opportunities.  Attendees will learn about the most significant risks in using employment-related background checks, including pitfalls under the Fair Credit Reporting Act (FCRA) and state law equivalents, as well as disparate treatment and other discrimination risks that attract the attention of government agencies.  The speakers will provide practical advice for employers to reduce risks of liability and improve compliance protocols throughout the process. 

Key topics to be discussed:

Primary pitfalls under the Fair Credit Reporting Act (FCRA), the range of damages for alleged violations, and measures to reduce risk. 
“Ban the Box” and related state laws governing the use of criminal background checks. 
Risks under Title VII of the Civil Rights Act of 1964, including EEOC investigations and litigation of disparate impact allegations, and measures to reduce risk. 

Date / Time: January 21, 2021

•   3:00 pm – 5:00 pm Eastern
•   2:00 pm – 4:00 pm Central
•   1:00 pm – 3:00 pm Mountain
•   12:00 pm – 2:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 Business days after the original recording date and are view-able for up to one year.
Closed-captioning available upon request

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Original Broadcast Date: January 21, 2021

Bob Quackenboss | Partner | Hunton Andrews Kurth LLP

Bob is a litigator who represents businesses in resolving their complex labor, employment, trade secret, non-compete and related commercial disputes. Bob was recognized as a Labor & Employment Star in Benchmark Litigation’s Rankings for 2019-2020. He advises employers regarding union organizing activities, manages union election campaigns and litigates labor arbitrations nationwide. He also serves as co-chair of the firm’s Unfair Competition and Information Protection Task Force, which concentrates on trade secret theft, restrictive covenant and non-competition matters. He handles complex employment discrimination, harassment, and wage-and-hour disputes, including class and collective actions. His practice includes a focus on data and emerging technology in the workplace. He designs and defends programs for conducting criminal background checks in the hiring process and is a leader in the firm’s L&E Emerging Technology Practice Group.
Bob can be reached by email at or by phone at 202.955.1950 or 212.309.1336

Kevin White | Partner | Hunton Andrews Kurth LLP

Kevin co-chairs the firm’s labor and employment team and has a national practice that focuses on complex employment litigation and employment advice and counseling. In particular, Kevin has extensive experience representing clients in the retail and energy industries in discrimination class action litigation, governmental agency systemic discrimination investigations, and wage and hour litigation. Other significant aspects of his practice include conducting internal investigations, advising clients regarding executive contract issues, developing criminal background check programs, and monitoring client personnel actions for evidence of disparate impact discrimination. As the labor and employment field continually evolves, Kevin’s practice also includes evaluating and guiding employers regarding the use and influence of artificial intelligence and technology in the workplace. He advises employers during the hiring and onboarding process while identifying potential discrimination concerns impacted by the use of new technology and automated screening.
Kevin can be reached by email at or by phone at 202.955.1886 or 713.229.5708

Madalyn (Maddie) Doucet | Associate | Hunton Andrews Kurth LLP

Maddie represents employers in all phases of the employment relationship, advising clients on compliance with federal and state laws and representing them in labor and employment disputes. Maddie’s practice focuses on providing effective advice and efficient solutions to employers facing a wide range of labor and employment issues. From the initial employment application to the end of the employment relationship, she counsels clients on compliance with laws and regulations, and defends them when necessary in investigations, employment and labor disputes and related litigation. Before attending law school, Maddie was both employed by and an owner of small businesses, and she understands that managing the employment relationship is a critical piece of achieving larger business objectives.
Maddie can be reached by email at or by phone at 202.955.1577

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I. Overview of Recent Litigation Trends Involving Criminal Background Checks 3:00-3:30

II. The Fair Credit Reporting Act (FCRA) 3:30-4:00
-a. Common compliance challenges that attract litigation
-b. Related state laws governing background check processes
-c. Potential damages in FCRA claims
-d. Strategies to Avoid Litigation

III. Title VII and Other Discrimination Risks 4:00-4:45
-a. EEO implications of employment-related background checks
-b. “Ban the Box” movement and related laws
-c. EEOC and state agency investigation and litigation
-d. Designing Background Check Programs to Avoid EEO Risks

IV. Q & A 4:45-5:00