Conducting Background Checks

• Overview
• OnDemand Credit

Overview
An ever increasing number of employers are recognizing the benefits that can be derived from conducting background checks on both current and prospective employees. While background checks can be an effective tool for weeding out questionable employees, legal limitations on how such checks can be performed (and how the resulting data discovered can be used) must be understood or otherwise an employer will find themselves defending against their own illegal actions. This OnDemand webinar will discuss generally the kinds of background checks that can be conducted by employers and will likewise address the various legal restrictions imposed (primarily under federal law) for conducting background checks. Lastly, any applicable prohibitions on how acquired background information can be legally used for the benefit of the employer will be addressed.

Authors
Ralph R. Smith III, Esq., Wolf, Block, Schorr and Solis-Cohen LLP

Self Study Credit - OnDemand Webinar

Agenda

1. Types of Background Checks
1. Criminal Background Checks, Convictions and Arrests - State and County Levels
2. Multijurisdictional Criminal Background Checks
3. Federal Record Search
4. International Criminal Records Search
5. Child Abuse History Searches
6. Sexual Offender Searches
7. Motor Vehicle Record Searches
8. Terrorist Watch Lists
9. Credit History
10. Current Address Searches
11. Education Verification
12. Professional License Verification
13. Drug and Alcohol Testing
14. Employment Eligibility Verification (I-9's)
15. Employee Job References
2. Legal Limitations on Background Checks
1. Federal Fair Credit Reporting Act
2. Common-Law Privacy Restrictions and Other Statutory Limitations on the Use of Criminal Conviction and Arrest Records
3. The Civil Rights Acts of 1964 and 1991 and Other Anti-Discrimination Laws
3. The Downside of Not Performing Background Checks
1. Claims of Negligent Hiring of Employees
2. Claims of Negligent Retention of Employees
3. Other Possible Common-Law Tort Actions