Practice and Industry Groups

Gustavo A. Suarez

Of Counsel Greenville

Gustavo (“Gus”) Suárez assists employers with a broad range of employment law issues, including federal, state, and local background check and e-signature law (including single-plaintiff and class action defense); EEOC investigations and charges; and immigration compliance (including I-9 training and internal audits). He also regularly counsels management on Title VII issues.

Gus is a regular, highly-rated speaker on topics like background check law, e-signature requirements, I-9 compliance, and the South Carolina Illegal Immigration Reform Act.

Born in San Juan, Puerto Rico to Cuban parents, Gus is fluent in Spanish.  In his free time, he is pursuing a master’s degree in theology.


Experience

A member of the firm’s Background Checks Team, Gus has extensive background check experience, including analyzing and drafting valid disclosure & authorization forms and pre-adverse and adverse action letters, representing employers in background check-related litigation (single-plaintiff and class action), and advising employers on how to get and stay compliant on ever-changing background check requirements.  On a daily basis, he provides practical advice on the federal Fair Credit Reporting Act, Title VII, and state/local background check issues, including developing compliant background check processes and guiding employers on employment decisions based on applicant and employee background checks. 

Gus also has deep experience in employment discrimination matters, from the EEOC charge stage through litigation.  He has defended numerous employers-- from a local transportation authority to a national department store chain-- in Title VII lawsuits.  He also has provided guidance concerning I-9 law and the South Carolina Illegal Immigration Reform Act (SCIIRA) to countless companies in various industries, including in the education, hospitality, construction, and manufacturing sectors. 

Professional Activities and Speeches

Professional Activities:

  • State Bar of Georgia
  • State Bar of South Carolina
  • American Immigration Lawyers’ Association (AILA)
  • South Carolina Diversity Leaders Initiative, The Riley Institute at Furman University

Speeches:

  • Human Resources Law Update 2016 - ''Human Resources Across Borders: Federal, State, and Local Employment Challenges'' - Greenville - March 08, 2016
  • Human Resources Law Update 2015 - ''What the ‘H?’ An Entertaining Look at Sponsoring H-1B Workers'' - Greenville - March 03, 2015
  • Business Management Daily Webinar - ''Background Checks: Best Practices & Legal Compliance'' - July 30, 2014
  • Human Resources Law Update 2014 - ''Bullet-proofing Your Pre-employment Process'' - Greenville - February 25, 2014
  • Human Resources Law Update - ''Employee Terminations: Five Things to Consider'' - Greenville - February 28, 2013
  • Human Resources Law Update 2012 - ''Consternation, Frustration, and Legislation: A New Era in Immigration'' - Greenville - February 28, 2012
  • Human Resources Law Update 2011 - ''How To Live In The Brave, New World of Immigration Compliance'' - Greenville - March 08, 2011
  • Ogletree Deakins Breakfast Briefing - ''The South Carolina Illegal Immigration Reform Act Revisited'' - Greenville - July 01, 2010
  • Human Resources Law Update 2010 - ''Immigration Compliance Wars: SCIIRA Strikes Back'' - Greenville - February 23, 2010
  • Associated Builders and Contractors of the Carolinas Lunch and Learn - ''The South Carolina Illegal Immigration Reform Act Revisited'' - Greenville - November 17, 2009
  • Spartanburg Development Association HR Briefing - ''Immigration Compliance Update'' - Spartanburg - October 28, 2009
  • The Employers Association - ''South Carolina E-Verify Update'' - Rock Hill - June 04, 2009
  • Human Resources Law Update 2009 - ''Adventures in Immigration or: How I Learned to Stop Worrying and Love the I-9'' - Greenville - February 24, 2009
  • International Center of the Upstate - ''South Carolina Immigration Reform'' - Greenville - February 13, 2009
  • Certificate in Employee Relations Law Series - ''Business Immigration: Overview and Recent Developments'' - Charlotte - 2009 - 2017
  • Spartanburg Development Association HR Briefing - ''Immigration Law Update'' - Spartanburg - November 11, 2008
  • Carolinas Association of General Contractors - ''South Carolina Immigration Update'' - Columbia - September 30, 2008
  • South Carolina Association of Financial Professionals - ''The South Carolina Illegal Immigration Reform Act'' - Greenville - September 26, 2008
  • Pickens County SHRM - ''The South Carolina Illegal Immigration Reform Act'' - Pickens - September 25, 2008
  • South Carolina Independent College and University (SCICU) Human Resources Group - ''Immigration Compliance Update'' - Greenville - September 10, 2008
  • Greenville County SHRM, Annual Meeting - ''Panel Discussion on Recent Developments in Employment Law'' - Greenville - August 27, 2008
  • Laurens County SHRP - ''The South Carolina Illegal Immigration Reform Act'' - August 19, 2008
  • The Employers Association - ''South Carolina Immigration Seminar'' - Rock Hill - August 12, 2008
  • Spartanburg Development Association HR Briefing - ''The South Carolina Illegal Immigration Reform Act'' - Spartanburg - July 24, 2008
  • Associated Builders and Contractors of the Carolinas Lunch and Learn - ''The South Carolina Illegal Immigration Reform Act'' - Greenville - July 16, 2008
  • Anderson Chamber of Commerce - ''The South Carolina Illegal Immigration Reform Act Revisited'' - Anderson - June 26, 2008
  • Ogletree Deakins Breakfast Briefing - ''South Carolina Immigration Update'' - Greenville - June 25, 2008
  • Human Resources Law Update 2008 - ''Immigration in the Spotlight: New I-9s and No-Match Letters'' - Greenville - March 18, 2008
  • CFMA Lunch and Learn - ''Immigration Update'' - Greenville - October 09, 2007
  • WCI, Inc., Breakfast Briefing - ''2008 Immigration Enforcement and Visa Compliance Update'' - Asheville - January 17, 2007
  • Laurens County SHRP - ''2008 Immigration Enforcement and Visa Compliance Update'' - Laurens - November 21, 2006
  • CFMA Lunch and Learn - ''Panel Discussion: A Legal Workforce – Immigration Compliance Issues'' - Greenville - March 16, 2006
  • Human Resources Law Update 2006 - ''Immigration Compliance – Let Us Clarify How You Should Verify'' - Greenville - February 23, 2006
  • 8th Annual Tri-State Human Resource & Management Conference - ''Keeping in Tune with I-9 Compliance Law'' - Greenville - 2006
  • Certificate in Employee Relations Law Series - ''Business Immigration'' - Greenville - 2006 - 2011
  • International Center for the Upstate - ''Citizenship and Naturalization Laws in the 21st Century'' - Greenville - May 05, 2005
  • International Center for the Upstate - ''A British-Canadian-American in Paris: Naturalization Law in the 21st Century'' - Greenville - September 27, 2004

Published Works

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Our Insights

Everything Else You Need to Know About New York City’s FCA—New Rules Effective August 5, 2017

August 21, 2017

New D.C. Law Restricts Employer Use of Credit Histories in Employment Decisions

February 27, 2017

Ninth Circuit Breaks New Ground, Addresses Standing and Extraneous Content in Background Check Disclosure Forms/Screens

January 27, 2017

Los Angeles Passes Rigid “Ban the Box” Law

December 21, 2016

California Law Restricts Employers From Asking About Juvenile Criminal History

December 07, 2016

The Texas Two-Step: Fifth Circuit Withdraws Ruling that Allowed Texas to Proceed with EEOC Background Check Lawsuit

September 30, 2016

Portland’s Ban-the-Box Law Takes Effect, Administrative Rules Provide Clarity

July 08, 2016

It’s (Not So) Sunny in Philadelphia [for Employers]: City Enacts New Prohibitions on Credit Checks

July 07, 2016

How Much Harm Is Enough? SCOTUS Tackles Standing to Sue

May 16, 2016

New York City Issues Proposed Rules Related to the Fair Chance Act

February 29, 2016

Everything You Need to Know About New York's New FCA Guidance

November 13, 2015

New York City Issues Fair Chance Act Notice Form for Criminal Background Checks

October 27, 2015

No Credit, No Problem: NYC’s New Guidance Further Limits Employer Credit Checks

September 21, 2015

'Tis the (Retail) Season, Part II: Conducting Background Checks on Seasonal Workers

November 21, 2014

EEOC and FTC Issue Joint Publications on Background Checks

March 21, 2014

Conviction-less in Seattle? City Restricts Employer Use of Background Checks

July 15, 2013

Nevada Restricts Use of Background Check Information

June 05, 2013

Media

Media Quotes

December 01, 2014 - MainStreet - "Is Your Employer Checking Up on You? How to Handle Background Checks on Seasonal Workers"
November 21, 2010 - The Greenville News - "Liberty Fellowship Summit Seeks Solutions to South Carolina’s Pressing Needs"

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