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Douglas B. Kauffman, partner in the firm’s Birmingham, Ala., office and member of the Labor & Employment Section, was quoted by Human Resource Executive on Nov. 4, 2015, regarding background screening practices for employers, specifically in relation to a recent EEOC lawsuit concerning BMW’s decision to conduct background checks on incumbent workers in which the EEOC claimed there was no business necessity for the background checks. Mr. Kauffman commented on the importance of determining business necessity before conducting background checks and offered strategies for avoiding such claims. He spoke on the consideration of factors including time frame, job duties and considering if background checks adversely affect minority employees.

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