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Webinar: Background Checks-Damned If You Do, Damned If You Don't

Steven J. Luckner

In this engaging 60-minute webinar, New Jersey employment attorney Steven Luckner, of Ogletree Deakins, addresses a host of key issues involving background checks.

Employers may conclude they are between a rock and a hard place when it comes to conducting background checks. On the one hand, they face potential liability for claims such as negligent hiring and negligent supervision when their employees' acts or omissions cause harm to a third party. Employers seeking to protect themselves, their employees, customers and other third parties may wish to use background checks as part of their due diligence in screening out potential problem employees.

However, employers face scrutiny and potential liability from the EEOC and private litigants - who may claim the background checks are discriminatory and/or violate state and federal laws regulating the process and use of background checks. So how can employers properly conduct background checks without running afoul of the EEOC and Fair Credit Reporting Act (FCRA) requirements?

This presentation reviews:

  • EEOC Guidance on criminal background checks;
  • FCRA issues; and
  • State law restrictions that got us to this point.

Luckner shares some best practices in conducting background checks in light of these developments. No doubt, background checks will continue to be an evolving area of the law with political and social ramifications. Recent lawsuits filed by the EEOC and private litigants underscore the need for balanced and responsible decision-making in this area.