Pamela Q.Devata
Partner
Labor & Employment
pdevata@seyfarth.com
Pam has extensive knowledge and experience on all things relating to the use of criminal, credit, and other background checks related to hiring.
More About Pam
To protect their companies, most employers conduct some type of screening of potential and current employees. Any employer who conducts background checks needs to be aware of the myriad of laws regarding what they can ask, when they can or cannot ask, what information they can rely upon, and how that information can be used. This includes the hyper-technical federal law, the Fair Credit Reporting Act (FCRA) and many other state and local laws throughout the country. Both employers and background screening companies (consumer reporting agencies) look to Pam for guidance based on her deep knowledge and experience practicing in this area for nearly 20 years. She leads Seyfarth's nationwide Background Screening Compliance and Litigation Defense team, which currently has approximately 40 members nationwide.
Pam has a wide range of experience in this area of law. She has handled hundreds of class action law suits and numerous single-plaintiff cases. Pam has also discussed these topics to key stakeholders at thousands of speaking engagements. She even testified in October 2010 at the Public Meeting of the Equal Employment Opportunity Commission in Washington, DC, about the use of credit checks as a screening tool for job applicants.
Pam is recognized nationwide for her vast knowledge on all things related to background checks. She counsels employers, marketplaces, staffing companies, property management companies, insurance companies, and background screening companies on the intricacies of the FCRA and laws affecting hiring and screening processes. She represents more than 200 background screening companies of all sizes.
Pam is always highly practical and pragmatic. She views herself as a problem-solver and trusted advisor to clients. Many of her clients have been with her for many years. She understands many competing interests between legal and business. Pam identifies risk areas and determines how to eliminate or reduce risks. She utilizes flat fee arrangements on a regular basis and leverages her robust client base and years of experience to provide efficient, cost-effective advice.
Pam's clients want to get it right. Many have an entrepreneurial spirit, and are trying to navigate changing legislation and legal interpretations that are highly technical in nature. She breaks it down for them and gets answers that are centered on her client’s business and risk tolerance.
Pam has a wide range of experience in this area of law. She has handled hundreds of class action law suits and numerous single-plaintiff cases. Pam has also discussed these topics to key stakeholders at thousands of speaking engagements. She even testified in October 2010 at the Public Meeting of the Equal Employment Opportunity Commission in Washington, DC, about the use of credit checks as a screening tool for job applicants.
Pam is recognized nationwide for her vast knowledge on all things related to background checks. She counsels employers, marketplaces, staffing companies, property management companies, insurance companies, and background screening companies on the intricacies of the FCRA and laws affecting hiring and screening processes. She represents more than 200 background screening companies of all sizes.
Pam is always highly practical and pragmatic. She views herself as a problem-solver and trusted advisor to clients. Many of her clients have been with her for many years. She understands many competing interests between legal and business. Pam identifies risk areas and determines how to eliminate or reduce risks. She utilizes flat fee arrangements on a regular basis and leverages her robust client base and years of experience to provide efficient, cost-effective advice.
Pam's clients want to get it right. Many have an entrepreneurial spirit, and are trying to navigate changing legislation and legal interpretations that are highly technical in nature. She breaks it down for them and gets answers that are centered on her client’s business and risk tolerance.
- JD, Chicago-Kent College of Law, Illinois Institute of Technology
High honors
Order of the Coif
Chicago-Kent Law Review
Moot Court Honor Society - BA, Washington University in St. Louis
High honors
- Illinois
- US Court of Appeals, Sixth Circuit
- US District Court, Central District of Illinois
- US District Court, Northern District of Illinois
- US District Court, Northern District of Indiana
- US District Court, Eastern District of Michigan
Related Services
Related Key Industries
Related News & Insights
-
Legal Update
Oct 14, 2024
San Diego County Joins California Jurisdictions With Fair Chance Ordinances
-
Legal Update
Jul 31, 2024
Employers Face Onerous Compliance Obligations Under the New Los Angeles County Fair Chance Ordinance
-
Media Mentions
06/07/2024
Chris DeGroff and Pam Devata Discuss Potential Trouble Facing Employers That Auto-Reject Applicants Who Fail Background Checks in The American Lawyer
-
Recognition
06/04/2024
Pamela Devata, Mark Lies, Robert Stevens, and Kevin Woolf Named BTI Client Service All-Stars for 2024
- Named as a Recognized Practitioner for Labor & Employment by Chambers USA (2017-2019)
- Recognized as a Recommended Attorney by Legal 500 (Legalese Ltd.) (2011-2019)
- Listed in Illinois Super Lawyers Rising Stars (Thomson Reuters) (2012, 2014)
- Listed as a Rising Star for Labor and Employment by Law360 (Portfolio Media Group) (2013)
- Recognized among Most Powerful & Influential Women in Illinois by the National Diversity Council (2011)
- American Bar Association
- Chicago Bar Association
- National Association of Professional Background Screeners (NAPBS)
- Society for Human Resource Management (SHRM)
-
Marketplace, Risk Advisory, board member
-
Marketplace, Industry Association, board member
- Co-Author, “San Diego County Joins California Jurisdictions With Fair Chance Ordinances,” Legal Update, Seyfarth Shaw LLP (October 14, 2024)
- Co-Author, “Employers Face Onerous Compliance Obligations Under the New Los Angeles County Fair Chance Ordinance,” Legal Update, Seyfarth Shaw LLP (July 31, 2024)
- Co-Author, “Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions,” Legal Update, Seyfarth Shaw LLP (April 10, 2024)
- Co-Author, "California Employers Using Criminal History Face New Compliance Obligations," Legal Update, Seyfarth Shaw LLP (August 15, 2023)
- Co-Author, "Congress Enacts 'Fair Hiring in Banking' to Remove Certain Barriers to Employment in the Financial Services Industry," Legal Update, Seyfarth Shaw LLP (February 13, 2023)
- Co-Author, "Louisiana Employers Now Subject to “Fair Chance” Law," Legal Update, Seyfarth Shaw LLP (August 2, 2021)
- Co-Author, "NYC Fair Chance Act: Legal Enforcement Guidance For 2021 Amendments," Legal Update, Seyfarth Shaw LLP (July 27, 2021)
- Co-Author, "Iowa Supreme Court Partially Invalidates Waterloo 'Ban-the-Box' Law," Legal Update, Seyfarth Shaw LLP (July 8, 2021)
- Co-Author, "New York City Fair Chance Act: 2021 Amendments," Legal Update, Seyfarth Shaw LLP (July 8, 2021)
- Co-Author, "'No Concrete Harm, No Standing': Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violation Do Not Have Article III Standing And Cannot Recover Damages In Federal Court.," Legal Update, Seyfarth Shaw LLP (June 25, 2021)
- Co-Author, "Illinois Enacts Law Providing Enhanced Employment Protections to Individuals With Criminal Convictions," Legal Update, Seyfarth Shaw LLP (March 30, 2021)
- Co-Author, "Illinois Set to Provide Enhanced Employment Protections to Ex-Offenders," Legal Update, Seyfarth Shaw LLP (February 22, 2021)
- Co-Author, "Philadelphia Amends Ordinances Regulating Employer Use of Criminal and Credit History Information," Legal Update, Seyfarth Shaw LLP (February 9, 2021)
- Co-Author, "FDIC Issues Final Rule to Codify Section 19’s Policy on Hiring Individuals with Convictions for Minor Criminal Offenses," Legal Update, Seyfarth Shaw LLP (August 18, 2020)
- Co-Author, "The Growing Trend of Laws Regulating Consideration of a Tenant’s Criminal History," Professional Background Screening Association (May/June 2020)
- Co-Author, "Another New York Locality Bans the Box," Legal Update, Seyfarth Shaw LLP (May 27, 2020)
- Co-Author, "Ninth Circuit Rejects 'Novel' FCRA Standalone Theory," Legal Update, Seyfarth Shaw LLP (May 26, 2020)
- Co-Author, "Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information," Legal Update, Seyfarth Shaw LLP (April 11, 2020)
- Co-Author, "Update #2: Waterloo, Iowa Enacts Ban the Box Restrictions," Legal Update, Seyfarth Shaw LLP (April 10, 2020)
- Co-Author, "FDIC to Codify Policy under Section 19 of the Federal Deposit Insurance Act," Legal Update, Seyfarth Shaw LLP (February 19, 2020)
- Co-Author, "Maryland General Assembly Overrides Governor’s Veto and Restores Ban-the-Box Law," Legal Update, Seyfarth Shaw LLP (February 6, 2020)
- Co-Author, "St. Louis, Missouri Enacts Ban-the-Box Law for Private Employers," Legal Update, Seyfarth Shaw LLP (February 4, 2020)
- Co-Author, "Ban-the-Box Reaches Federal Civilian and Defense Contractors," Legal Update, Seyfarth Shaw LLP (January 28, 2020)
- Co-Author, "Updated Mandatory Notice for San Francisco Fair Chance Ordinance," Legal Update, Seyfarth Shaw LLP (January 22, 2020)
- Co-Author, "Update: Waterloo, Iowa Enacts Ban the Box Restrictions," Legal Update, Seyfarth Shaw LLP (January 21, 2020)
- Co-Author, "Grand Rapids, Michigan Enacts Sweeping 'Human Rights' Ordinance With Restrictions on Employment and Tenant Screening," Legal Update, Seyfarth Shaw LLP (January 14, 2020)
- Co-Author, "Appellate Court Considers the Illinois 'Employee Credit Privacy Act'," Legal Update, Seyfarth Shaw LLP (January 13, 2020)
- Co-Author, "EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices," Legal Update, Seyfarth Shaw LLP (December 6, 2019)
- Co-Author, "Waterloo, Iowa Enacts Ban the Box Restrictions," Legal Update, Seyfarth Shaw LLP (November 26, 2019)
- Co-Author, "Puerto Rico Enacts Restrictions on Use of Credit History in Employment," Legal Update, Seyfarth Shaw LLP (November 25, 2019)
- Co-Author, "UPDATE - Columbia, South Carolina Enacts Ban-the-Box Law for City Employers," Legal Update, Seyfarth Shaw LLP (October 14, 2019)
- Co-Author, "Colorado Enacts Statewide Ban-the-Box Law for Private Employers," One Minute Memo, Seyfarth Shaw LLP (May 30, 2019)
- Co-Author, "Ninth Circuit Weighs In on Calculating the FCRA’s Seven-Year Reporting Rule," One Minute Memo, Seyfarth Shaw LLP (May 15, 2019)
- Co-Author, "New Mexico’s “Criminal Offender Employment Act” To Prohibit Private Employers From Criminal History Inquiry On Initial Employment Applications," One Minute Memo, Seyfarth Shaw LLP (April 19, 2019)
- Co-Author, "The Ninth Circuit Demands Simplicity: Background Check Disclosure Forms That Contain State-Law Notices or Improper Grammar Violate the FCRA," Management Alert, Seyfarth Shaw LLP (January 31, 2019)
- Co-Author, "Updated: A New Year Brings New Ban The Box Laws to the United States Virgin Islands and Westchester County, New York," One Minute Memo, Seyfarth Shaw LLP (January 29, 2019)
- Co-Author, "Stricter Regulations for Consumer Credit Reporting Agencies Compiling Information on New York Consumers," One Minute Memo, Seyfarth Shaw LLP (September 12, 2018)
- Co-Author, "California Supreme Court Upholds Constitutionality of State Consumer Reporting Statute," One Minute Memo, Seyfarth Shaw LLP (August 27, 2018)
- Co-Author, "FDIC Publishes Final Rule on Modifications to Statement of Policy For Section 19 of the Federal Deposit Insurance Act," One Minute Memo, Seyfarth Shaw LLP (August 22, 2018)
- Co-Author, "Washington State’s New Ban-the-Box Law Completes the West Coast Trend," Management Alert, Seyfarth Shaw LLP (March 14, 2018)
- Co-Author, "Revisions Planned For The FDIC’s Statement of Policy For Section 19 of The Federal Deposit Insurance Act," One Minute Memo, Seyfarth Shaw LLP (March 5, 2018)
- Co-Author, "Kansas City, Missouri Bans the Box for Private Employers," One Minute Memo, Seyfarth Shaw LLP (February 8, 2018)
- Co-Author, "Spokeo v. Robins: The U.S. Supreme Court Declines An Encore Performance," One Minute Memo, Seyfarth Shaw LLP (January 23, 2018)
- Co-Author, "Spokane City Council Approves 'Ban-the-Box' Ordinance for Private Sector Employers," Management Alert, Seyfarth Shaw LLP (December 11, 2017)
- Co-Author, "New York City’s Fair Chance Act: Final Rules and Regulations," Management Alert, Seyfarth Shaw LLP (August 4, 2017)
- Co-Author, "UPDATE: San Francisco’s Salary History Ban Signed Into Law," One Minute Memo, Seyfarth Shaw LLP (July 26, 2017)
- Co-Author, "A Ban on Ban-the-Box Laws? Texas and Indiana Introduce Legislation That Would Prohibit Municipal and County Ban-the-Box Laws Within Their States," One Minute Memo, Seyfarth Shaw LLP (July 21, 2017)
- Co-Author, "San Francisco’s Salary History Ban “Finally Passes” After Two Rounds of Votes," One Minute Memo, Seyfarth Shaw LLP (July 13, 2017)
- Co-Author, "UPDATE: Lawsuit Challenging Philadelphia Salary History Ban Ordinance Dismissed," One Minute Memo, Seyfarth Shaw LLP (June 8, 2017)
- Co-Author, “The State of Indiana Bans Political Subdivisions From Enacting “Ban the Box” Restrictions,” One Minute Memo, Seyfarth Shaw LLP (May 11, 2017)
- Co-Author, “New York’s Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History,” Management Alert, Seyfarth Shaw LLP (May 10, 2017)
- Co-Author, “UPDATE: The City of Los Angeles Adopts “Ban the Box,” Prohibiting Criminal Conviction Inquiry Prior to Job Offer,” One Minute Memo, Seyfarth Shaw LLP (May 5, 2017)
- Co-Author, “Businesses Challenge Philadelphia Law Prohibiting Inquiry into Prospective Employee’s Wage History,” One Minute Memo, Seyfarth Shaw LLP (April 25, 2017)
- Co-Author, “UPDATE: D.C. Fair Credit in Employment Amendment Act Prohibits Inquiry Into Prospective and Current Employees’ Credit Information, One Minute Memo, Seyfarth Shaw LLP (April 6, 2017)
- Co-Author, "UPDATE: Los Angeles Ban the Box - New Individualized Assessment and Reassessment Form," Management Alert, Seyfarth Shaw LLP (February 21, 2017)
- Co-Author, "D.C. Fair Credit in Employment Amendment Act Prohibits Inquiry Into Prospective and Current Employees’ Credit Information," One Minute Memo, Seyfarth Shaw LLP (February 17, 2017)
- Co-Author, “Guidance From the City of Los Angeles: New Ban the Box Regulations,” Management Alert, Seyfarth Shaw LLP (February 2, 2017)
- Co-Author, “UPDATE: The City of Los Angeles Adopts "Ban the Box," Prohibiting Criminal Conviction Inquiry Prior to Job Offer,” One Minute Memo, Seyfarth Shaw LLP (January 30, 2017)
- Co-Author, “UPDATE: Philadelphia Enacts Law Prohibiting Inquiry Into a Prospective Employee’s Wage History,” One Minute Memo, Seyfarth Shaw LLP (January 27, 2017)
- Co-Author, “Philadelphia to Enact Law Prohibiting Inquiry Into a Prospective Employee's Wage History,” One Minute Memo, Seyfarth Shaw LLP (January 12, 2017)
- Co-Author, “Texas Likely To Take Aim at Municipal and County Ban the Box Laws,” One Minute Memo, Seyfarth Shaw LLP (December 22, 2016)
- Co-Author, "UPDATE: The City of Los Angeles Adopts 'Ban the Box,' Prohibiting Criminal Conviction Inquiry Prior to Job Offer," One Minute Memo, Seyfarth Shaw LLP (December 20, 2016)
- Co-Author, "The City of Los Angeles Adopts “Ban the Box,” Prohibiting Criminal Conviction Inquiry Prior to Job Offer," One Minute Memo, Seyfarth Shaw LLP (December 8, 2016)
- Co-Author, "Philadelphia Restricts Employers’ Use of Credit History for Employment Purposes," Management Alert, Seyfarth Shaw LLP (July 14, 2016)
- Co-Author, “Connecticut Bans (Another) Box, Expanding Protections for Applicants With Criminal Backgrounds,” Management Alert, Seyfarth Shaw LLP (June 10, 2016)
- Co-Author, “Spokeo v. Robins: The U.S. Supreme Court Finds Concrete Injury Is Required Under Article III But Remands Back To The Ninth Circuit,” Management Alert, Seyfarth Shaw LLP (May 16, 2016)
- Co-Author, "Austin, Texas Joins Movement To “Ban The Box” In Hiring Practices," One Minute Memo, Seyfarth Shaw LLP (April 5, 2016)
- Co-Author, "NYCCHR Holds Public Hearing on Proposed Rules to Fair Chance Act," One Minute Memo, Seyfarth Shaw LLP (March 28, 2016)
- Co-Author, "Philadelphia’s Fair Chance Hiring Law Poster," One Minute Memo, Seyfarth Shaw LLP (March 24, 2016)
- Co-Author, "NYCCHR Publishes Proposed Amendments to Fair Chance Act," One Minute Memo, Seyfarth Shaw LLP (February 19, 2016)
- Co-Author, "More Clarity on New Jersey’s Ban the Box Law: Department of Labor’s Final Regulations and Guidance, Effective Immediately," One Minute Memo, Seyfarth Shaw LLP (December 29,2015)
- Co-Author, "Ban the Box 2.0: Philadelphia Upgrades Its Fair Criminal Records Screening Standards Ordinance," One Minute Memo, Seyfarth Shaw LLP (December 23, 2015)
- Co-Author, “Memo: Best Practices for Complying with the New York City Fair Chance Act,” One Minute Memo, Seyfarth Shaw LLP (October 23, 2015)
- Co-Author, "Oregon To Join The Growing National Trend To 'Ban The Box' In Hiring Practices," One Minute Memo, Seyfarth Shaw LLP (June 29, 2015)
- Co-Author, "New York City Joins Movement to “Ban The Box” In Hiring Practices," One Minute Memo, Seyfarth Shaw LLP (June 12, 2015)
- Co-Author, "Mayor De Blasio Signs Bill Banning Credit History in New York City Employment Decisions," One Minute Memo, Seyfarth Shaw LLP (May 11, 2015)
- Co-Author, "U.S. Supreme Court Grants Cert in Spokeo, Inc. v. Robins," One Minute Memo, Seyfarth Shaw LLP (April 27, 2015)
- Co-Author, “New York City to Prohibit Use of Credit History in Employment Decisions,” One Minute Memo, Seyfarth Shaw LLP (April 22, 2015)
- Co-Author, "Georgia Governor’s Executive Order Latest in Growing National Trend to “Ban The Box” in Hiring Practices," One Minute Memo, Seyfarth Shaw LLP (February 25, 2015)
- Co-Author, "Illinois Joins Other States Restricting Employer Use Of Criminal Background Checks," One Minute Memo, Seyfarth Shaw LLP (July 21, 2014)
- Co-Author, "Baltimore Bans the Box For Private Employers," One Minute Memo, Seyfarth Shaw LLP (May 22, 2014)
- Co-Author, "Rhode Island Joins The Private Employer “Ban-The-Box” Trend," Management Alert, Seyfarth Shaw LLP (July 16, 2013)
- Co-Author, "Nevada Becomes The Tenth State To Prohibit The Use Of Consumer Credit Reports Or Other Credit Information For Employment Purposes," Management Alert, Seyfarth Shaw LLP (May 28, 2013)
- Co-Author, “Nevada Becomes The Tenth State To Prohibit The Use Of Consumer Credit Reports Or Other Credit Information For Employment Purposes,” Management Alert, Seyfarth Shaw LLP (May 28, 2013)
- Co-Author, "Newark Ordinance "Bans the Box" and Significantly Restricts the Use of Criminal History Information in Employment," Management Alert, Seyfarth Shaw LLP (November 1, 2012)
- Co-Author, "New FCRA Forms Will be Required by January 1, 2013," One Minute Memo, Seyfarth Shaw LLP(August 30, 2012)
- “Labor & Employment Hospitality Quarterly Update: Five Key Labor And Employment Issues Hospitality Employers Need To Be Aare Of; The EEOC Enforcement Guidance on the Use of Criminal History in Employment: What Every Hospitality Employer Should Know,” Labor & Employment Hospitality Newsletter, Seyfarth Shaw LLP (June 2012)
- Co-Author, "Vermont Becomes Eighth State to Prohibit Employers From Using Credit Information in Employment," One Minute Memo, Seyfarth Shaw LLP (June 13, 2012)
- Co-Author, “EEOC Initiative Focuses on Pre-Hire Selection and Testing Criteria,” Chain Store Age (February 2010)
- Co-Author, "Using Credit History Wisely," Human Resource Executive Online (January 2010)
- Co-Author, “Safe Screening, Safe Hiring,” HR Advisor (August 2009)
- Co-Author, “Put Your Best ‘Face’ Forward: Best Practices For Corporate Social Networking” HR Advisor (January 2009)
- Author, "Employers Prepare for FTC Identity Theft Rules," Society for Human Resource Management Newsletter (September 2008)
- "Maintaining the Reseller Defense After the FACT Act," Seyfarth Shaw Management Alert, (March 2004)
- Speaker, Point Two L&E Nation Podcast: New York City Fair Chance Act: The NYC Commission on Human Rights Pushes for Significant Changes, Seyfarth Shaw LLP (January 28, 2022)
- Co-Presenter, "That’s a Wrap on HR Appreciation: Leadership Week 2021! - Making Decisions Based on Criminal & Credit Check History," Educational Session by HR Daily Advisor (August 6, 2021)
- Co-Presenter, "Behind the Screen: Background Checks 101," Webinar, HR Daily Advisor (February 19, 2021)
- Speaker, "Legal Experts Weigh In on Screening’s Hottest Topics," Webinar hosted by Franchise Times (January 28, 2021)
- Co-Presenter, "What HR Can do About Judicial Updates and Trends Impacting Fair Hiring Laws," Webinar, Global HR Research (November 4, 2020)
- Co-Presenter, "Background Screening Challenges in the Financial Services Industry: Navigating the Regulatory Maze," Webinar, Seyfarth Shaw LLP (October 7, 2020)
- "Working Smarter: 3 Key Screening Factors to Accelerate Hiring & Mitigate Risk," Global HR Research Webinar, (August 27, 2020)
- "CRA Lifeline: The Future of Compliance, Post COVID-19," Webinar, presented by ScreeningNews (May 15, 2020)
- "Legal Eagles Answer Your Questions," Webinar, presented by First Advantage (May 12, 2020)
- "Pre-employment Background Screening and Drug Testing: Considerations for Employers in the COVID-19 Environment," Webinar, presented by Seyfarth Shaw LLP (April 10, 2020)
- “Employment Screening Compliance & The Fair Credit Reporting Act,” MCHC Conference Center (February 2011)
- “FCRA 101,”NAPBS Annual Conferences, (March 2006, 2007, 2008, 2009, 2010)
- “Advanced FCRA,”NAPBS Annual Conference (March 2008, 2009, 2010)
- Stratford Webinar: “Pre-Employment Credit Checks Under Heightened Scrutiny”(December 2010)
- “Electronic Signatures – What You Should Know,” NAPBS Annual Conference, Austin, TX (March 2007)
- “Background Screening Fifty State Compliance,”NAPBS Annual Conference, New Orleans, LA (March 2008)
- “Society for Human Resources Managers Webinar: Fair Credit Reporting Act 101” (Fall 2006)
- Infant Welfare Society Auxiliary, Clarendon Hills Chapter, board member, 2018-present
- Cradles to Crayons volunteer
Pam has extensive knowledge and experience on all things relating to the use of criminal, credit, and other background checks related to hiring.
More About Pam
To protect their companies, most employers conduct some type of screening of potential and current employees. Any employer who conducts background checks needs to be aware of the myriad of laws regarding what they can ask, when they can or cannot ask, what information they can rely upon, and how that information can be used. This includes the hyper-technical federal law, the Fair Credit Reporting Act (FCRA) and many other state and local laws throughout the country. Both employers and background screening companies (consumer reporting agencies) look to Pam for guidance based on her deep knowledge and experience practicing in this area for nearly 20 years. She leads Seyfarth's nationwide Background Screening Compliance and Litigation Defense team, which currently has approximately 40 members nationwide.
Pam has a wide range of experience in this area of law. She has handled hundreds of class action law suits and numerous single-plaintiff cases. Pam has also discussed these topics to key stakeholders at thousands of speaking engagements. She even testified in October 2010 at the Public Meeting of the Equal Employment Opportunity Commission in Washington, DC, about the use of credit checks as a screening tool for job applicants.
Pam is recognized nationwide for her vast knowledge on all things related to background checks. She counsels employers, marketplaces, staffing companies, property management companies, insurance companies, and background screening companies on the intricacies of the FCRA and laws affecting hiring and screening processes. She represents more than 200 background screening companies of all sizes.
Pam is always highly practical and pragmatic. She views herself as a problem-solver and trusted advisor to clients. Many of her clients have been with her for many years. She understands many competing interests between legal and business. Pam identifies risk areas and determines how to eliminate or reduce risks. She utilizes flat fee arrangements on a regular basis and leverages her robust client base and years of experience to provide efficient, cost-effective advice.
Pam's clients want to get it right. Many have an entrepreneurial spirit, and are trying to navigate changing legislation and legal interpretations that are highly technical in nature. She breaks it down for them and gets answers that are centered on her client’s business and risk tolerance.
Pam has a wide range of experience in this area of law. She has handled hundreds of class action law suits and numerous single-plaintiff cases. Pam has also discussed these topics to key stakeholders at thousands of speaking engagements. She even testified in October 2010 at the Public Meeting of the Equal Employment Opportunity Commission in Washington, DC, about the use of credit checks as a screening tool for job applicants.
Pam is recognized nationwide for her vast knowledge on all things related to background checks. She counsels employers, marketplaces, staffing companies, property management companies, insurance companies, and background screening companies on the intricacies of the FCRA and laws affecting hiring and screening processes. She represents more than 200 background screening companies of all sizes.
Pam is always highly practical and pragmatic. She views herself as a problem-solver and trusted advisor to clients. Many of her clients have been with her for many years. She understands many competing interests between legal and business. Pam identifies risk areas and determines how to eliminate or reduce risks. She utilizes flat fee arrangements on a regular basis and leverages her robust client base and years of experience to provide efficient, cost-effective advice.
Pam's clients want to get it right. Many have an entrepreneurial spirit, and are trying to navigate changing legislation and legal interpretations that are highly technical in nature. She breaks it down for them and gets answers that are centered on her client’s business and risk tolerance.
- JD, Chicago-Kent College of Law, Illinois Institute of Technology
High honors
Order of the Coif
Chicago-Kent Law Review
Moot Court Honor Society - BA, Washington University in St. Louis
High honors
- Illinois
- US Court of Appeals, Sixth Circuit
- US District Court, Central District of Illinois
- US District Court, Northern District of Illinois
- US District Court, Northern District of Indiana
- US District Court, Eastern District of Michigan
Related Services
Related Key Industries
Related News & Insights
-
Legal Update
Oct 14, 2024
San Diego County Joins California Jurisdictions With Fair Chance Ordinances
-
Legal Update
Jul 31, 2024
Employers Face Onerous Compliance Obligations Under the New Los Angeles County Fair Chance Ordinance
-
Media Mentions
06/07/2024
Chris DeGroff and Pam Devata Discuss Potential Trouble Facing Employers That Auto-Reject Applicants Who Fail Background Checks in The American Lawyer
-
Recognition
06/04/2024
Pamela Devata, Mark Lies, Robert Stevens, and Kevin Woolf Named BTI Client Service All-Stars for 2024
- Named as a Recognized Practitioner for Labor & Employment by Chambers USA (2017-2019)
- Recognized as a Recommended Attorney by Legal 500 (Legalese Ltd.) (2011-2019)
- Listed in Illinois Super Lawyers Rising Stars (Thomson Reuters) (2012, 2014)
- Listed as a Rising Star for Labor and Employment by Law360 (Portfolio Media Group) (2013)
- Recognized among Most Powerful & Influential Women in Illinois by the National Diversity Council (2011)
- American Bar Association
- Chicago Bar Association
- National Association of Professional Background Screeners (NAPBS)
- Society for Human Resource Management (SHRM)
-
Marketplace, Risk Advisory, board member
-
Marketplace, Industry Association, board member
- Co-Author, “San Diego County Joins California Jurisdictions With Fair Chance Ordinances,” Legal Update, Seyfarth Shaw LLP (October 14, 2024)
- Co-Author, “Employers Face Onerous Compliance Obligations Under the New Los Angeles County Fair Chance Ordinance,” Legal Update, Seyfarth Shaw LLP (July 31, 2024)
- Co-Author, “Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions,” Legal Update, Seyfarth Shaw LLP (April 10, 2024)
- Co-Author, "California Employers Using Criminal History Face New Compliance Obligations," Legal Update, Seyfarth Shaw LLP (August 15, 2023)
- Co-Author, "Congress Enacts 'Fair Hiring in Banking' to Remove Certain Barriers to Employment in the Financial Services Industry," Legal Update, Seyfarth Shaw LLP (February 13, 2023)
- Co-Author, "Louisiana Employers Now Subject to “Fair Chance” Law," Legal Update, Seyfarth Shaw LLP (August 2, 2021)
- Co-Author, "NYC Fair Chance Act: Legal Enforcement Guidance For 2021 Amendments," Legal Update, Seyfarth Shaw LLP (July 27, 2021)
- Co-Author, "Iowa Supreme Court Partially Invalidates Waterloo 'Ban-the-Box' Law," Legal Update, Seyfarth Shaw LLP (July 8, 2021)
- Co-Author, "New York City Fair Chance Act: 2021 Amendments," Legal Update, Seyfarth Shaw LLP (July 8, 2021)
- Co-Author, "'No Concrete Harm, No Standing': Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violation Do Not Have Article III Standing And Cannot Recover Damages In Federal Court.," Legal Update, Seyfarth Shaw LLP (June 25, 2021)
- Co-Author, "Illinois Enacts Law Providing Enhanced Employment Protections to Individuals With Criminal Convictions," Legal Update, Seyfarth Shaw LLP (March 30, 2021)
- Co-Author, "Illinois Set to Provide Enhanced Employment Protections to Ex-Offenders," Legal Update, Seyfarth Shaw LLP (February 22, 2021)
- Co-Author, "Philadelphia Amends Ordinances Regulating Employer Use of Criminal and Credit History Information," Legal Update, Seyfarth Shaw LLP (February 9, 2021)
- Co-Author, "FDIC Issues Final Rule to Codify Section 19’s Policy on Hiring Individuals with Convictions for Minor Criminal Offenses," Legal Update, Seyfarth Shaw LLP (August 18, 2020)
- Co-Author, "The Growing Trend of Laws Regulating Consideration of a Tenant’s Criminal History," Professional Background Screening Association (May/June 2020)
- Co-Author, "Another New York Locality Bans the Box," Legal Update, Seyfarth Shaw LLP (May 27, 2020)
- Co-Author, "Ninth Circuit Rejects 'Novel' FCRA Standalone Theory," Legal Update, Seyfarth Shaw LLP (May 26, 2020)
- Co-Author, "Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information," Legal Update, Seyfarth Shaw LLP (April 11, 2020)
- Co-Author, "Update #2: Waterloo, Iowa Enacts Ban the Box Restrictions," Legal Update, Seyfarth Shaw LLP (April 10, 2020)
- Co-Author, "FDIC to Codify Policy under Section 19 of the Federal Deposit Insurance Act," Legal Update, Seyfarth Shaw LLP (February 19, 2020)
- Co-Author, "Maryland General Assembly Overrides Governor’s Veto and Restores Ban-the-Box Law," Legal Update, Seyfarth Shaw LLP (February 6, 2020)
- Co-Author, "St. Louis, Missouri Enacts Ban-the-Box Law for Private Employers," Legal Update, Seyfarth Shaw LLP (February 4, 2020)
- Co-Author, "Ban-the-Box Reaches Federal Civilian and Defense Contractors," Legal Update, Seyfarth Shaw LLP (January 28, 2020)
- Co-Author, "Updated Mandatory Notice for San Francisco Fair Chance Ordinance," Legal Update, Seyfarth Shaw LLP (January 22, 2020)
- Co-Author, "Update: Waterloo, Iowa Enacts Ban the Box Restrictions," Legal Update, Seyfarth Shaw LLP (January 21, 2020)
- Co-Author, "Grand Rapids, Michigan Enacts Sweeping 'Human Rights' Ordinance With Restrictions on Employment and Tenant Screening," Legal Update, Seyfarth Shaw LLP (January 14, 2020)
- Co-Author, "Appellate Court Considers the Illinois 'Employee Credit Privacy Act'," Legal Update, Seyfarth Shaw LLP (January 13, 2020)
- Co-Author, "EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices," Legal Update, Seyfarth Shaw LLP (December 6, 2019)
- Co-Author, "Waterloo, Iowa Enacts Ban the Box Restrictions," Legal Update, Seyfarth Shaw LLP (November 26, 2019)
- Co-Author, "Puerto Rico Enacts Restrictions on Use of Credit History in Employment," Legal Update, Seyfarth Shaw LLP (November 25, 2019)
- Co-Author, "UPDATE - Columbia, South Carolina Enacts Ban-the-Box Law for City Employers," Legal Update, Seyfarth Shaw LLP (October 14, 2019)
- Co-Author, "Colorado Enacts Statewide Ban-the-Box Law for Private Employers," One Minute Memo, Seyfarth Shaw LLP (May 30, 2019)
- Co-Author, "Ninth Circuit Weighs In on Calculating the FCRA’s Seven-Year Reporting Rule," One Minute Memo, Seyfarth Shaw LLP (May 15, 2019)
- Co-Author, "New Mexico’s “Criminal Offender Employment Act” To Prohibit Private Employers From Criminal History Inquiry On Initial Employment Applications," One Minute Memo, Seyfarth Shaw LLP (April 19, 2019)
- Co-Author, "The Ninth Circuit Demands Simplicity: Background Check Disclosure Forms That Contain State-Law Notices or Improper Grammar Violate the FCRA," Management Alert, Seyfarth Shaw LLP (January 31, 2019)
- Co-Author, "Updated: A New Year Brings New Ban The Box Laws to the United States Virgin Islands and Westchester County, New York," One Minute Memo, Seyfarth Shaw LLP (January 29, 2019)
- Co-Author, "Stricter Regulations for Consumer Credit Reporting Agencies Compiling Information on New York Consumers," One Minute Memo, Seyfarth Shaw LLP (September 12, 2018)
- Co-Author, "California Supreme Court Upholds Constitutionality of State Consumer Reporting Statute," One Minute Memo, Seyfarth Shaw LLP (August 27, 2018)
- Co-Author, "FDIC Publishes Final Rule on Modifications to Statement of Policy For Section 19 of the Federal Deposit Insurance Act," One Minute Memo, Seyfarth Shaw LLP (August 22, 2018)
- Co-Author, "Washington State’s New Ban-the-Box Law Completes the West Coast Trend," Management Alert, Seyfarth Shaw LLP (March 14, 2018)
- Co-Author, "Revisions Planned For The FDIC’s Statement of Policy For Section 19 of The Federal Deposit Insurance Act," One Minute Memo, Seyfarth Shaw LLP (March 5, 2018)
- Co-Author, "Kansas City, Missouri Bans the Box for Private Employers," One Minute Memo, Seyfarth Shaw LLP (February 8, 2018)
- Co-Author, "Spokeo v. Robins: The U.S. Supreme Court Declines An Encore Performance," One Minute Memo, Seyfarth Shaw LLP (January 23, 2018)
- Co-Author, "Spokane City Council Approves 'Ban-the-Box' Ordinance for Private Sector Employers," Management Alert, Seyfarth Shaw LLP (December 11, 2017)
- Co-Author, "New York City’s Fair Chance Act: Final Rules and Regulations," Management Alert, Seyfarth Shaw LLP (August 4, 2017)
- Co-Author, "UPDATE: San Francisco’s Salary History Ban Signed Into Law," One Minute Memo, Seyfarth Shaw LLP (July 26, 2017)
- Co-Author, "A Ban on Ban-the-Box Laws? Texas and Indiana Introduce Legislation That Would Prohibit Municipal and County Ban-the-Box Laws Within Their States," One Minute Memo, Seyfarth Shaw LLP (July 21, 2017)
- Co-Author, "San Francisco’s Salary History Ban “Finally Passes” After Two Rounds of Votes," One Minute Memo, Seyfarth Shaw LLP (July 13, 2017)
- Co-Author, "UPDATE: Lawsuit Challenging Philadelphia Salary History Ban Ordinance Dismissed," One Minute Memo, Seyfarth Shaw LLP (June 8, 2017)
- Co-Author, “The State of Indiana Bans Political Subdivisions From Enacting “Ban the Box” Restrictions,” One Minute Memo, Seyfarth Shaw LLP (May 11, 2017)
- Co-Author, “New York’s Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History,” Management Alert, Seyfarth Shaw LLP (May 10, 2017)
- Co-Author, “UPDATE: The City of Los Angeles Adopts “Ban the Box,” Prohibiting Criminal Conviction Inquiry Prior to Job Offer,” One Minute Memo, Seyfarth Shaw LLP (May 5, 2017)
- Co-Author, “Businesses Challenge Philadelphia Law Prohibiting Inquiry into Prospective Employee’s Wage History,” One Minute Memo, Seyfarth Shaw LLP (April 25, 2017)
- Co-Author, “UPDATE: D.C. Fair Credit in Employment Amendment Act Prohibits Inquiry Into Prospective and Current Employees’ Credit Information, One Minute Memo, Seyfarth Shaw LLP (April 6, 2017)
- Co-Author, "UPDATE: Los Angeles Ban the Box - New Individualized Assessment and Reassessment Form," Management Alert, Seyfarth Shaw LLP (February 21, 2017)
- Co-Author, "D.C. Fair Credit in Employment Amendment Act Prohibits Inquiry Into Prospective and Current Employees’ Credit Information," One Minute Memo, Seyfarth Shaw LLP (February 17, 2017)
- Co-Author, “Guidance From the City of Los Angeles: New Ban the Box Regulations,” Management Alert, Seyfarth Shaw LLP (February 2, 2017)
- Co-Author, “UPDATE: The City of Los Angeles Adopts "Ban the Box," Prohibiting Criminal Conviction Inquiry Prior to Job Offer,” One Minute Memo, Seyfarth Shaw LLP (January 30, 2017)
- Co-Author, “UPDATE: Philadelphia Enacts Law Prohibiting Inquiry Into a Prospective Employee’s Wage History,” One Minute Memo, Seyfarth Shaw LLP (January 27, 2017)
- Co-Author, “Philadelphia to Enact Law Prohibiting Inquiry Into a Prospective Employee's Wage History,” One Minute Memo, Seyfarth Shaw LLP (January 12, 2017)
- Co-Author, “Texas Likely To Take Aim at Municipal and County Ban the Box Laws,” One Minute Memo, Seyfarth Shaw LLP (December 22, 2016)
- Co-Author, "UPDATE: The City of Los Angeles Adopts 'Ban the Box,' Prohibiting Criminal Conviction Inquiry Prior to Job Offer," One Minute Memo, Seyfarth Shaw LLP (December 20, 2016)
- Co-Author, "The City of Los Angeles Adopts “Ban the Box,” Prohibiting Criminal Conviction Inquiry Prior to Job Offer," One Minute Memo, Seyfarth Shaw LLP (December 8, 2016)
- Co-Author, "Philadelphia Restricts Employers’ Use of Credit History for Employment Purposes," Management Alert, Seyfarth Shaw LLP (July 14, 2016)
- Co-Author, “Connecticut Bans (Another) Box, Expanding Protections for Applicants With Criminal Backgrounds,” Management Alert, Seyfarth Shaw LLP (June 10, 2016)
- Co-Author, “Spokeo v. Robins: The U.S. Supreme Court Finds Concrete Injury Is Required Under Article III But Remands Back To The Ninth Circuit,” Management Alert, Seyfarth Shaw LLP (May 16, 2016)
- Co-Author, "Austin, Texas Joins Movement To “Ban The Box” In Hiring Practices," One Minute Memo, Seyfarth Shaw LLP (April 5, 2016)
- Co-Author, "NYCCHR Holds Public Hearing on Proposed Rules to Fair Chance Act," One Minute Memo, Seyfarth Shaw LLP (March 28, 2016)
- Co-Author, "Philadelphia’s Fair Chance Hiring Law Poster," One Minute Memo, Seyfarth Shaw LLP (March 24, 2016)
- Co-Author, "NYCCHR Publishes Proposed Amendments to Fair Chance Act," One Minute Memo, Seyfarth Shaw LLP (February 19, 2016)
- Co-Author, "More Clarity on New Jersey’s Ban the Box Law: Department of Labor’s Final Regulations and Guidance, Effective Immediately," One Minute Memo, Seyfarth Shaw LLP (December 29,2015)
- Co-Author, "Ban the Box 2.0: Philadelphia Upgrades Its Fair Criminal Records Screening Standards Ordinance," One Minute Memo, Seyfarth Shaw LLP (December 23, 2015)
- Co-Author, “Memo: Best Practices for Complying with the New York City Fair Chance Act,” One Minute Memo, Seyfarth Shaw LLP (October 23, 2015)
- Co-Author, "Oregon To Join The Growing National Trend To 'Ban The Box' In Hiring Practices," One Minute Memo, Seyfarth Shaw LLP (June 29, 2015)
- Co-Author, "New York City Joins Movement to “Ban The Box” In Hiring Practices," One Minute Memo, Seyfarth Shaw LLP (June 12, 2015)
- Co-Author, "Mayor De Blasio Signs Bill Banning Credit History in New York City Employment Decisions," One Minute Memo, Seyfarth Shaw LLP (May 11, 2015)
- Co-Author, "U.S. Supreme Court Grants Cert in Spokeo, Inc. v. Robins," One Minute Memo, Seyfarth Shaw LLP (April 27, 2015)
- Co-Author, “New York City to Prohibit Use of Credit History in Employment Decisions,” One Minute Memo, Seyfarth Shaw LLP (April 22, 2015)
- Co-Author, "Georgia Governor’s Executive Order Latest in Growing National Trend to “Ban The Box” in Hiring Practices," One Minute Memo, Seyfarth Shaw LLP (February 25, 2015)
- Co-Author, "Illinois Joins Other States Restricting Employer Use Of Criminal Background Checks," One Minute Memo, Seyfarth Shaw LLP (July 21, 2014)
- Co-Author, "Baltimore Bans the Box For Private Employers," One Minute Memo, Seyfarth Shaw LLP (May 22, 2014)
- Co-Author, "Rhode Island Joins The Private Employer “Ban-The-Box” Trend," Management Alert, Seyfarth Shaw LLP (July 16, 2013)
- Co-Author, "Nevada Becomes The Tenth State To Prohibit The Use Of Consumer Credit Reports Or Other Credit Information For Employment Purposes," Management Alert, Seyfarth Shaw LLP (May 28, 2013)
- Co-Author, “Nevada Becomes The Tenth State To Prohibit The Use Of Consumer Credit Reports Or Other Credit Information For Employment Purposes,” Management Alert, Seyfarth Shaw LLP (May 28, 2013)
- Co-Author, "Newark Ordinance "Bans the Box" and Significantly Restricts the Use of Criminal History Information in Employment," Management Alert, Seyfarth Shaw LLP (November 1, 2012)
- Co-Author, "New FCRA Forms Will be Required by January 1, 2013," One Minute Memo, Seyfarth Shaw LLP(August 30, 2012)
- “Labor & Employment Hospitality Quarterly Update: Five Key Labor And Employment Issues Hospitality Employers Need To Be Aare Of; The EEOC Enforcement Guidance on the Use of Criminal History in Employment: What Every Hospitality Employer Should Know,” Labor & Employment Hospitality Newsletter, Seyfarth Shaw LLP (June 2012)
- Co-Author, "Vermont Becomes Eighth State to Prohibit Employers From Using Credit Information in Employment," One Minute Memo, Seyfarth Shaw LLP (June 13, 2012)
- Co-Author, “EEOC Initiative Focuses on Pre-Hire Selection and Testing Criteria,” Chain Store Age (February 2010)
- Co-Author, "Using Credit History Wisely," Human Resource Executive Online (January 2010)
- Co-Author, “Safe Screening, Safe Hiring,” HR Advisor (August 2009)
- Co-Author, “Put Your Best ‘Face’ Forward: Best Practices For Corporate Social Networking” HR Advisor (January 2009)
- Author, "Employers Prepare for FTC Identity Theft Rules," Society for Human Resource Management Newsletter (September 2008)
- "Maintaining the Reseller Defense After the FACT Act," Seyfarth Shaw Management Alert, (March 2004)
- Speaker, Point Two L&E Nation Podcast: New York City Fair Chance Act: The NYC Commission on Human Rights Pushes for Significant Changes, Seyfarth Shaw LLP (January 28, 2022)
- Co-Presenter, "That’s a Wrap on HR Appreciation: Leadership Week 2021! - Making Decisions Based on Criminal & Credit Check History," Educational Session by HR Daily Advisor (August 6, 2021)
- Co-Presenter, "Behind the Screen: Background Checks 101," Webinar, HR Daily Advisor (February 19, 2021)
- Speaker, "Legal Experts Weigh In on Screening’s Hottest Topics," Webinar hosted by Franchise Times (January 28, 2021)
- Co-Presenter, "What HR Can do About Judicial Updates and Trends Impacting Fair Hiring Laws," Webinar, Global HR Research (November 4, 2020)
- Co-Presenter, "Background Screening Challenges in the Financial Services Industry: Navigating the Regulatory Maze," Webinar, Seyfarth Shaw LLP (October 7, 2020)
- "Working Smarter: 3 Key Screening Factors to Accelerate Hiring & Mitigate Risk," Global HR Research Webinar, (August 27, 2020)
- "CRA Lifeline: The Future of Compliance, Post COVID-19," Webinar, presented by ScreeningNews (May 15, 2020)
- "Legal Eagles Answer Your Questions," Webinar, presented by First Advantage (May 12, 2020)
- "Pre-employment Background Screening and Drug Testing: Considerations for Employers in the COVID-19 Environment," Webinar, presented by Seyfarth Shaw LLP (April 10, 2020)
- “Employment Screening Compliance & The Fair Credit Reporting Act,” MCHC Conference Center (February 2011)
- “FCRA 101,”NAPBS Annual Conferences, (March 2006, 2007, 2008, 2009, 2010)
- “Advanced FCRA,”NAPBS Annual Conference (March 2008, 2009, 2010)
- Stratford Webinar: “Pre-Employment Credit Checks Under Heightened Scrutiny”(December 2010)
- “Electronic Signatures – What You Should Know,” NAPBS Annual Conference, Austin, TX (March 2007)
- “Background Screening Fifty State Compliance,”NAPBS Annual Conference, New Orleans, LA (March 2008)
- “Society for Human Resources Managers Webinar: Fair Credit Reporting Act 101” (Fall 2006)
- Infant Welfare Society Auxiliary, Clarendon Hills Chapter, board member, 2018-present
- Cradles to Crayons volunteer