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About This Course:
When hiring new employees, conducting background checks is generally a matter of course. After all, it’s not illegal to ask about an applicant’s background or to require a background check. You want to know who’s working with you, right?

But there are legal limits to what you can and cannot use, governed by the federal Fair Credit Reporting Act (FCRA). And some states have their own laws on what you can look into when hiring.

While consumer reports tend to be lumped as information about an individual’s credit worthiness, investigative consumer reports consider the person’s character, reputation, personal characteristics, and mode of living when used to evaluate a potential employee. Staying compliant with the FCRA is essential.

The EEOC has taken particular interest in background checks that discriminate, giving rise to claims of disparate treatment and disparate impact. The bottom line: Employers must have background check policies that are consistent with business necessity and carefully screen prospective employees to avoid missteps.

Join us on for a roadmap on how to legally check the backgrounds of prospective employees while staying within the guidelines of the EEOC and FCRA. Our presenter, a seasoned employment attorney, will teach you how to navigate EEOC guidance and FCRA regulations and will answer questions that come up in your everyday practice.

Learning Objectives:
  • How to permission before a background check
  • Whether you have to explain if you decide against hiring someone because of a criminal record—and why
  • How many years can you look back when conducting background checks
  • Arrests vs convictions in your hiring decisions
  • Using Facebook to check a prospective employee’s background—and how deep into social media to go
  • FCRA and EEOC rules on employee background checks
  • Background check policies that link the decision-making to job descriptions
  • Where to go to find EEOC compliance guidelines
  • How to avoid the appearance of disparate treatment and disparate impact
  • Using individualized assessments to avoid discrimination claims
  • How to ask prospective employees if they have a felony record without the assurance that it won’t necessarily exclude them from being hired
  • And much more!
About Your Presenter:

Sara Hutchins Jodka is senior counsel at McDonald Hopkins and a management-side labor and employment attorney who has significant experience representing employers in all facets of employment-related litigation. She defends businesses before administrative agencies and in federal and state courts against employment-related claims. She also represents employers, consumer reporting agencies and information furnishers against claims brought under the FCRA (single plaintiff and class suits) regarding background check procedures. Ms. Hutchins Jodka frequently presents training seminars regarding a variety of employment law issues, and has successfully presented webinars for BLR and HR Hero.
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