Background Checks: Top 10 Do's and Don’t's
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An ever-increasing number of employers are recognizing the benefits that can be derived from conducting background checks on both current and prospective employees.
While background checks can be an effective tool for weeding out questionable employees, legal limitations on how such checks can be performed (and how the resulting data discovered can be used) must be understood or otherwise an employer will find itself defending against its own illegal actions.
This webinar will discuss generally the kinds of background checks that can be conducted by employers, and likewise address the various legal restrictions (primarily under federal and state law) applicable to performing background checks; and related limitations placed on how acquired background information can be legally used for the benefit of the employer.
Much of these latter discussions will be focused on the guidelines for conducting criminal background checks recently issued by the Equal Employment Opportunity Commission and the recent trend in many states of placing limits on when criminal background information can be obtained from candidates for employment through enacted "Ban the Box" laws.
Finally, the increasing use of social media outlets to conduct background checks will also be examined, along with the potential legal risks and pitfalls of utilizing such media outlets to perform background checks.
Legal Limitations on Background Checks
The Downside of Not Performing Background Checks
- The Federal Fair Credit Reporting Act
- Common-Law Privacy Restrictions and Other State Statutory Limitations on the Use of Criminal Conviction and Arrest Records
- The Civil Rights Acts of 1964 and 1991 and Other Anti-Discrimination Laws
- EEOC Guidelines on Conducting Background Checks
- The Ever Increasing Use of "Ban the Box" Laws
Use of Social Media Sites to Conduct Background Checks
- Claims of Negligent Hiring of Employees
- Claims of Negligent Retention of Employees
- Other Possible Common-Law Tort Actions
About The Presenter
- Privacy Issues and Other Legal Restrictions on Use
- Risks of Use, and Best Practices and Policies to Minimize Risk
Ralph R. Smith, 3rd, Esq.
- Shareholder and vice chairman of the Labor and Employment Department of the law firm of Capehart & Scatchard, P.A.
- Concentrates practice in the areas of labor and employment law, and complex commercial litigation
- Represents companies in all kinds of labor and employment-related litigation in the federal and state courts of New Jersey and Pennsylvania
- Regularly counsels clients on issues of compliance with both federal and state employment laws, including those that impact the area of employee background checks and dealing with arrested employees
- Lectures widely and writes frequently in the field of labor and employment law
- Served as an adjunct professor at The Widener University Graduate School of Business, teaching labor and employment law
- Member of the New Jersey Federal Bar Association; the New Jersey State Bar Association; the Historical Society of the U.S. District Court for the District of New Jersey; and the Camden County Bar Association, Labor and Employment Committee
- Former barrister instructor for the Camden County Inns of Court; former board member and legislative chair of the Society of Human Resource Management, Philadelphia Chapter; and a qualified mediator for the New Jersey Superior Court
- J.D. degree, cum laude, Temple University School of Law; B.A. degree, magna cum laude, Temple University
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