CSS is pleased to offer access to legal advice for its customers provided by the largest labor and employment law firm in the country, Littler Mendelson, P.C. The CSS Compliance Plus Package is intended to provide “360 degree” attention to the various background check related legal issues that employers face.
Class action and individual lawsuits against employers involving background check related issues are at an all-time high. Nearly every month, another jurisdiction seems to enact another “ban the box” law, “fair chance act,” or “salary history ban” law, and it can be extremely difficult to keep up with the patchwork of laws and regulations in this area.
No legal services or advice are being rendered by CSS. Not every company will be eligible to sign up for CSS Compliance Plus, and signing up for information on this page does not constitute that the company has been accepted for participation nor does it create an attorney-client relationship with Littler Mendelson, P.C. (“Littler”). The customer must meet all requirements of the program, including:
Signing up for CSS Compliance Plus is entirely voluntary. All CSS customers always have the right and opportunity to select their own compliance counsel.
Littler will assign a dedicated attorney contact with significant experience in background check related legal advice and litigation, will be your point of contact for CSS Compliance Plus. The attorney will conduct an initial privileged “hot topics” review of your current background check process, which will take about an hour of your time.
By way of background, a large portion of their legal practice now concerns compliance with the array of laws governing background checks in hiring, including the Fair Credit Reporting Act (FCRA), state, and local “ban the box” laws, state social media privacy laws, salary history ban laws, and state fair credit reporting acts.
Employers now understand there is significant risk in using wrong or outdated consent forms for background checks. What employers sometimes miss is that there is not always a “one-size-fits-all” template forms package that covers all of their needs while also minimizing risk under the Fair Credit Reporting Act and other laws.
Littler will also make recommendations for your pre-adverse action and adverse action process and the language that the Fair Credit Reporting Act, state and local jurisdictions require in those notices, as well as the optimal timing for delivery of those notices given your particular business needs and the jurisdictions in which you operate.
It can be difficult, if not impossible, for employers to keep up with the many state and local jurisdiction rules and regulations regarding what criminal or credit history is off limits in decision-making. Some jurisdictions, for instance, require that a position have specific job duties before a credit check can be allowed. Others may limit how old a criminal offense can be before an employer may not consider it any more. Others put expunged records, dismissed records, or arrest records out of the picture. Littler will provide privileged 50-state surveys on employer use of criminal and credit history information.
Of course, setting up forms and processes is great, but what happens when the law changes? How will you know? Employers can spend hours trying to search the web for updates on background check related matters and they still may miss decisions that are only found on paid legal search websites. Littler will provide a privileged bi-monthly case law update on any decisions involving employer Fair Credit Reporting Act compliance that are available on the Westlaw case law search engine, and include recommendations for any potential action steps as a result of those decisions.
Of course, as a Littler client, you will also have access to regular non-privileged news alerts on all other areas of labor and employment laws of your selection. Your attorney will work with you on setting up alerts in your areas of interest to the recipients you direct.
Littler will also provide an annual webinar to your company on trending issues in employer background check compliance obligations. This may include topics like the latest “ban the box” or “fair chance act” requirements, new Fair Credit Reporting Act theories of liability percolating in the courts, or the newest salary history ban laws. Attendees typically include recruiters, human resources professionals, and in-house counsel involved in the background screening program, and the webinar can be customized to your particular audience and interests.
In this ever-changing industry, its imperative now more than ever to be aware of new updates. CSS Inc. and Littler have partnered to give you the competitive advantage in compliance in a centralized location.