Employers in general, and staffing firms in particular, recently have been hit with class action lawsuits alleging violations of the federal Fair Credit Reporting Act, which imposes technical obligations on employers that use background check reports in the hiring process. Given this rise in litigation, both with respect to the FCRA and the U.S. Equal Employment Opportunity Commission's criminal background check guidance—as well as prevalence of six-figure settlements to dispose of these actions—ASA has published an issue paper advising members how to properly obtain and use background checks in the hiring process. The paper was authored by Pamela Devata and Paul Kehoe, attorneys with Seyfarth Shaw LLP.