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 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.
• Learn the EEOC guidance relating to performing background checks
• Understand how the concept of negligent hiring of medical personnel 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
Bob Gregg, a partner at the Boardman & Clark Law Firm in Madison, Wisconsin, has been involved in employment relations for more than 30 years. He litigates employment cases, representing employers in employment contracts, discrimination cases, FLSA, FMLA and all other areas of employment law. His main emphasis is helping employers achieve enhanced productivity. He has designed the workplace policies of numerous employers, creating positive work environments, and resolving employment problems before they generate lawsuits. 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, is a National Faculty Member of the American Association for Affirmative Action and serves on the Board of Directors for the Department of Defense Equal Opportunity Management Institute Foundation.
This event is pending approval for 2 general credits toward PHR/SPHR recertification from the Human Resource Certification Institute.
Oshkosh Area SHRM is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP.
Cost: $20.00 Members / $30.00 Non Members / Free to Student Members / $5 Student Non Members