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Background Checks: How To Reduce Liability And Operate Within Legal Boundaries

About This Course:
True or false: You can face legal liability if you do background checks.
True or false: You can face legal liability if you don’t do background checks.

Given the right circumstances, both may be true!

If you overstep state and federal laws that regulate your ability to collect and use certain types of information, you could land in legal hot water. But what if you don't? Let’s say you hire someone who has engaged in workplace violence, and he assaults a coworker at your organization. You could be on the hook for negligent hiring if you didn’t conduct a check that would have revealed this critical information.

Background checks can get costly so it’s important to recognize which screenings you really need. For example, if the job doesn’t involve driving, you wouldn’t need a candidate’s driving history. But, if a potential hire claims to have a master’s degree, and the position demands it, it's worth checking those credentials out.

Join us for valuable insight into what information you need about your next potential employee, how to go about the background check process, which investigations are necessary for the particular job slot, and the legal limitations on what you may request.

Learning Objectives
  • How and when to conduct background checks
  • How background checks can help define the potential employee’s character and fit for the job
  • The types of information available through different types of background checks
  • How to screen applicants who give the wrong information on applications
  • How to evaluate which background checks are needed for a given job
  • The legal bounds on credit checks under the Fair Credit Reporting Act
  • The EEOC position on what’s legally permissible—and what isn’t—when conducting background checks
  • How to proceed if you decide not to hire based on what a background check reveals
  • And much more!
About Your Presenter

Lauren Russell, Esq.
Attorney
Young Conaway Stargatt & Taylor, LLP

Atorney Lauren Russell has represented employers on a range of issues relating to compliance with local, state, and federal employment laws and constitutional provisions. Ms. Russell also regularly assists clients in administrative proceedings before state agencies, including the Unemployment Insurance Appeals Board. She has litigated a wide variety of employment-related matters to successful resolutions, including employment discrimination cases under Title VII of the Civil Rights Act of 1964, non-competition cases, and constitutional law cases. In addition to litigation, Ms. Russell counsels employers on a broad range of topics, including revision of handbooks and related policies to ensure compliance with state and federal employment and labor statutes. She also conducts on-site training on legal compliance, including sexual-harassment training.
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