Use and Abuse of Background Checks, References, and Pre-Employment Testing (1)

View Recording of Event:

Failure to adequately check or test 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. The EEOC has issued rules governing the improper use of criminal record background checks and is now filing cases against employers. However, other laws require these same record searches. Can you be caught between conflicting laws?

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 too often violate the ADA, Title VII and other discrimination and privacy laws. The ADA requires validity for testing. What makes a test valid? What violates the law? What are the do's and don'ts?

This program covers the employer’s need for secure and effective hiring while avoiding improper practices. The presentation will cover negligent hiring, criminal background checks, Fair Credit Reporting Act, reference checks, pre-employment testing and the ADA, Title VII discrimination, honesty, right fit, and personality traits testing.

Learning Outcomes:

• Learn the legal guidance relating to performing background checks.

• Understand how the concept of negligent hiring applies in situations where inadequate background checks and references are performed.

• Understand the requirements associated with the Fair Credit Reporting Act.

• Learn what protections you do have in giving and receiving references.

• Understand the ADA, Title VII and civil suit parameters for pre-employment, right-fit and honesty testing.

  
  

Meet our Presenter:

Bob Gregg Attorney

Boardman Clark LLP

Madison, Wisconsin

Bob Gregg, an attorney with Boardman Clark LLP in Madison, Wisconsin, has been involved in employment relations and civil rights work for more than 30 years. He litigates and serves as an expert witness in employment cases. His main emphasis is helping employers achieve enhanced productivity, creating positive work environments, and resolving employment problems before they generate lawsuits. Bob’s career has included canoe guide, carpenter, laborer, Army Sergeant, social worker, educator, business owner, Equal Employment Opportunity officer, and employment relations attorney. He has the background to address a wide range of employment issues in a straightforward, easy-to-understand style. 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, the American Association for Access, Equity & Diversity, and served on the Board of Directors of the Department of Defense Equal Opportunity Management Institute Foundation.