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Hiring Practices and the FCPA
U.S. states, as well as municipalities such as New York City, have been proactive in recent years passing “ban-the-box” legislation that severely restricts the right of employers to check, much less consider, the credit and criminal histories of job applicants.
On the other hand, a number of federal laws, including the Foreign Corrupt Practices Act (FCPA), impose significant background check obligations. Regardless of local laws, FCPA-governed employers must carefully screen applicants to determine whether they are former foreign officials — which may include employees of state-owned enterprises — or if they have criminal records.
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