1. Background Checks, References, and Pre-Employment Testing

Background Checks, References, and Pre-Employment Testing

Event ID: 2179261
Duration: Scheduled for 90 minutes including question and answer period.
Presenter(s): Robert Gregg, partner, Boardman and Clark LLP
Credits: 1.5 HRCI, 1.5 SHRM

Background Checks, References, and Pre-Employment Testing

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. /p>

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.

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.


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