The failure of employers to adequately check or test the background of applicants can result in harm and liability for negligent hiring and reckless endangerment. BUT the “victims” of improper background investigations also have legal challenges under the Fair Credit Reporting Act, discrimination laws and invasion of privacy cases. Further, EEOC and OFCCP guidance has left employers wondering just how much freedom they have to weed out unqualified applicants before they become your employees.
The hiring process can result in finding the ideal employee, OR in legal liability. A major cause of liability is improper pre-employment testing. The tests or manner of administering them often violate the ADA, Title VII and other discrimination and privacy laws. The ADA requires "validity" for testing. Now there is the added requirement to engage in the “interactive process” before disqualifying a new job applicant. What makes a test valid? What violates the law? What are the dos and don'ts?
Please join Robert Gregg, attorney at law, as he explains an employer’s need for secure and effective hiring while avoiding improper practices. Bob will review the key points relating to: negligent hiring, criminal background checks, reference checks, pre-employment testing, the Fair Credit Reporting Act, the ADA, Title VII discrimination, honesty, "right fit" and personality traits testing.
WHAT YOU’LL LEARN
Just a sampling of the many practical tips you’ll take away:
- Discuss EEOC and OFCCP guidance relating to performing background checks.
- Understand how the concept of reckless endangerment applies in situations where inadequate background checks are performed.
- Understand the requirements associated with the Fair Credit Reporting Act.
- Discuss whether routine background checks should include such areas as: drug and alcohol use, driving record, possible criminal record, etc.
- Understand if you can rely on reference checks.
- Is pre-employment testing worth doing? How do ADA and Title VII discrimination requirements apply?
- Discuss how to do “right fit” and personality traits testing.
YOUR CONFERENCE LEADER
Your conference leader for “Background Checks, References, and Pre-employment Screening: New Legal Pitfalls for Employers" is Robert Gregg, attorney at law, and a partner at the Boardman & Clark Law Firm in Madison, Wisconsin. Bob has been involved in employment relations for more than 30 years. He litigates employment cases, representing employers in employment contracts, discrimination cases, FLSA, FMLA and all other areas of employment law. His main emphasis is helping employers achieve enhanced productivity. He has designed the workplace policies of numerous employers, creating positive work environments, and resolving employment problems before they generate lawsuits. Bob has conducted over 3,000 seminars throughout the United States and authored numerous articles on practical employment issues. Bob is a member of the Society for Human Resource Management, the National Speakers Association, is a national faculty member of the American Association for Affirmative Action and serves on the board of directors for the Department of Defense Equal Opportunity Management Institute Foundation.