William J. Simmons

Bill Simmons has represented employers in a wide variety of labor and employment matters, ranging from nationwide class and collective actions to individual lawsuits. A large portion of Bill’s practice now concerns talent acquisition and compliance with the array of laws governing hiring.

This includes:

• The Fair Credit Reporting Act (FCRA) and state fair credit reporting acts
• State and local “ban the box” laws
• State and local “salary history ban” laws
• Reviewing and revising 50-state employment applications and offer letters for compliance with equal employment opportunity and other state and local laws

Bill has served as lead or co-lead counsel in a variety of putative class action cases against employers for alleged violation of the FCRA’s disclosure, authorization and pre-adverse action requirements. He has also defended employers against class action claims alleging disparate impact in background checks, individual claims under state laws such as the Pennsylvania Criminal History Record Information Act, and discrimination charges related to background checks. Bill frequently trains in-house legal departments and human resources departments on background check processes and substantive decision-making. He enjoys partnering with employers to completely revamp their approaches to background screening when necessary. 

Bill leverages a “360 degree” view of advice, compliance and litigation in the background check and hiring space, as he also directly advises staffing agencies and background check vendors (consumer reporting agencies) and defends them in individual and class action litigation alleging claims such as inaccuracy in reporting, failure to properly handle disputes or file disclosure requests, allegedly deficient notices and procedures, and alleged joint responsibility for employer obligations. Bill has conducted in-depth audits for many small and large consumer reporting agencies, leading to streamlined operational workflows and increased compliance.

Bill is a regular speaker for employers, staffing agencies and consumer reporting agencies addressing talent acquisition and background checks and is an active member of the Professional Background Screening Association (PBSA)’s Government Relations Committee.