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

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 i 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 covers 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.