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News From B&W
George was recognized in Chicago magazine as an Illinois Super Lawyer for his work in business litigation. This is the 9th time he has received this recognition based on the voting of other lawyers.
George had another article published in the State Bar newsletter regarding the consequences of publishing a litigant's personal information in a pending lawsuit.
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Bellas & Wachowski
April Newsletter
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At Bellas & Wachowski we pride ourselves on being trusted advisers with the goal of achieving the best possible results for our clients.
We have developed many innovative methods to provide our clients with added protection and utilize technology to create efficient and economical solutions.
    
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EEOC/FTC Issue New Restrictions On The Use Of Background Check
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In light of the potential for disparate impact and invasion of privacy, the U.S. Equal Opportunities Employment Commission and the Federal Trade Commission have placed additional restriction on the use of background checks. The additional restrictions cover investigations into a worker's criminal record, financial history, medical history and use of social media.
Here are some key points set forth in the new EEOC/FTC* guidance:
- It is not illegal for an employer to ask questions about an applicant's background except for certain restrictions related to medical and genetic information or to require a background check
as a condition of employment.
- When an employer uses a background check, the employer must be sure to comply with laws prohibiting discrimination based on the protected categories of race, color, national origin, sex, religion, disability, genetic information, and age.
- When an employer gets a background report from an outside agency, it must comply with the Fair Credit Reporting Act. Illinois has severely limited the use of financial background checks.
- Employers should ensure that they are seeking the same background information from all individuals, rather than only checking the background of employees or applicants of a certain race or background.
- Employers should not request an applicant's or employee's genetic information, which includes family history. And if they do have that information, they should not use it to make an employment decision.
- Employers should not ask medical questions before a conditional job offer has been made and should only ask about current health conditions if there is objective evidence that there is a safety risk if a potential employee has certain medical conditions.
- The EEOC requires employers to preserve records for at least a year after the records were created or after a personnel action was taken, whichever comes later.
It is critical to be certain that employers are compliant with federal, state and local laws regarding background information with respect to employees and applicants. The experienced attorneys at Bellas & Wachowski have been advising employers for over 35 years on ways to limit their employment related liability. Please visit our Website, www.bellas-wachowski.com for further information or contact William Boznos at (847) 823-9030 x 212 for assistance.
*The EEOC enforces antidiscrimination laws and the FTC addresses background checks under the
Fair Credit Reporting Act.
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