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FCRA Compliance Update for Employers

OnDemand Webinar (86 minutes)

Stay current on the latest FCRA guidelines and legislation impacting the hiring process.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 itself defending against its own illegal actions. Learn about the chief law covering this topic, the Fair Credit Reporting Act, and review the kinds of background checks that can be conducted by employers. Much of these latter discussions will be focused on the Fair Credit Reporting Act guidelines for conducting criminal background checks previously issued by the Equal Employment Opportunity Commission, and also on the recent trend in many states of placing limits on when criminal background information can be obtained from candidates for employment through enacted ban the box laws. Finally, the increasing use of social media outlets to conduct background checks will also be examined, along with the potential legal risks and pitfalls of utilizing such media outlets to perform background checks.


Ralph R. Smith 3rd, Esq., Capehart & Scatchard, P.A.


Legal Update on Limitations on Background Checks Provided Under FCRA and Other Laws

• The Federal Fair Credit Reporting Act

• Common-Law Privacy Restrictions and Other State Statutory Limitations on the Use of Criminal Conviction and Arrest Records

• The Civil Rights Acts of 1964 and 1991 and Other Anti-Discrimination Laws

• EEOC Guidelines on Conducting Background Checks

• The Ever Increasing Use of Ban the Box Laws

The Downside of Not Performing Background Checks Properly Under Legal Restrictions

• Claims of Negligent Hiring of Employees

• Claims of Negligent Retention of Employees

• Other Possible Common-Law Tort Actions

Use of Social Media Sites to Conduct Background Checks Properly Under FCRA

• Privacy Issues and Other Legal Restrictions on Use

• Risks of Use, and Best Practices and Policies to Minimize Risk