In this engaging 60-minute webinar, New Jersey employment attorney Steven Luckner, of Ogletree Deakins, will address 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 will review:
- EEOC Guidance on criminal background checks;
- FCRA issues; and
- State law restrictions that got us to this point.
Luckner will share 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.
HR Professionals will learn:
- When background checks can be conducted;
- The proper way to conduct a background check;
- What background check information can be considered and used; and
- How to communicate possible or actual adverse employment actions based on a background check.
Steven J. Luckner is a shareholder with the law firm of Ogletree Deakins.
Steven's practice focuses on the defense of employment law cases involving allegations of wrongful discharge, sexual harassment, age, race, sex, religious, disability discrimination and whistleblowing.
He also has experience in defending wage and hour claims under the Federal Fair Labor Standards Act and various state laws.