Criminal Conviction Analysis and Fair Credit Reporting Act Compliance 

Don’t Risk Costly Mistakes With Background Checks

LEMagArtThe laws regulating how employers use criminal conviction information are complicated, overlapping and can be confusing. We have created tools and processes to help clients legally and efficiently consider criminal conviction information for employment purposes.

Stay Compliant with Our Proven Process

Harter Secrest & Emery LLP Labor and Employment attorneys have extensive experience helping clients establish policies and procedures for considering criminal background information. Our team has developed state and federal law compliant programs designed to complement corporate culture, recruitment goals and standards.We offer clients a variety of packages that leverage our experience to prevent costly employment discrimination errors and Fair Credit Reporting Act (FCRA) violations.

Recent Reported FCRA Violation Settlements
  • TransUnion—$60 million
  • Wells Fargo Bank—$12 million

  • Uber—$7.5 million

  • Publix Super Markets, Inc.—$6.8 million

  • Dolgencorp, Inc. d/b/a Dollar General—$4 million

  • Delhaize America, LLC, Food Lion, LLC—$3 million

  • K-Mart Corporation—$3 million

  • Avis—$2.7 million

  • Domino’s Pizza, LLC—$2.5 million

  • Postmates—$2.5 million

Criminal Conviction Analysis Package
  • Checklist to guide considerations in hiring decisions
  • Initial and refresher training for HR team
  • Ongoing privileged advice regarding specific cases
  • Fair Credit Reporting Act Compliance Package
  • Audit of current processes, including those using third-party reporting agencies
  • Custom templates of federal and state mandated legal forms including disclosure notices, authorization forms, pre-adverse action letters, adverse action letters, and summary of rights
  • Simple electronic process to complete forms

    Additional Resources

    • Criminal Conviction Analysis and Fair Credit Reporting Act Compliance Quick Fact Sheet
    • Risks Associated with Criminal Conviction Records in Employment Webinar – August 15, 2017 – download webinar
    • Risky Business: Considering Criminal Conviction Records in Employment,” HSE Institute: Labor and Employment Law Conference – April 5, 2017 – download presentation (PDF)

    To learn more, please contact a Harter Secrest & Emery Labor and Employment team member in Rochester or Buffalo.