NEW ORLEANS -- Employers should make sure that any background check they perform is job-related and consistent with business necessity, Stephen Woods, an attorney in Ogletree Deakins’ Greenville, S.C., office, told attendees at the firm’s 2013 Workplace Strategies seminar May 9-10. The Equal Employment Opportunity Commission (EEOC), worker advocacy groups and plaintiffs’ attorneys are now giving employee and applicant credit and criminal background checks particularly intense scrutiny, he said.
"Employers -- under a variety of different laws -- can’t ask an employee’s doctor any questions that they can’t ask the employee,” said Robert Dustin, an employment and disability law attorney with Saul Ewing LLP in Washington, D.C.