While an important tool for employers, background checks have undergone many changes, including an increase in litigation. Many jurisdictions, including municipalities, counties and/or states, have “banned the box”, which requires employers to remove the question and check box, “Have you been convicted by a court,” from applications for employment. Today, there are more than 150 cities and counties, as well as 25 states, with some form of ban the box law or ordinance. Employers have also seen an increase in litigation involving alleged violations of the Fair Credit Reporting Act (FCRA). It is important for employers to have their processes reviewed by counsel for compliance of new laws and regulations.

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