Assisting Background Screening Companies
In recent years, DeWitt has served as outside counsel for more than 100 background screening companies. We have helped screening companies with nearly every imaginable compliance situation, including, but not limited to, determining the length of time by which they can report various types of public record information, handling “common name” reporting scenarios, creating electronic disclosure and authorization processes, improving the quality of the dispute resolution process, and developing a systematic approach for free file responses under the Fair Credit Reporting Act. Background screening companies routinely look to DeWitt to help them appropriately balance legal risks with business objectives. In addition, we have helped multiple background screening companies address legal disputes—both at the pre-litigation stage and in litigation.
Assisting Employers With Background Screening Issues
DeWitt has also counseled employers across the country, ranging from Fortune 500 companies to small businesses, on developing and implementing sound background screening policies. We have helped companies create legally compliant disclosure and authorization materials, as well as legally compliant adverse action paperwork. We have also advised clients on how to address the Equal Employment Opportunity Commission's (EEOC) “individualized assessment” mandate, as well as state and municipal laws that affect the type of criminal history and credit information that can be used by employers. Our attorneys have defended employers’ background screening practices in numerous legal venues. For example, we frequently represent employers in criminal conviction and arrest record discrimination cases brought before the Equal Rights Division of the Wisconsin Department of Workforce Development.
If you need more information about the Background Screening team, please contact its Practice Group Chair Scott Paler at 608-252-9213.