BLOOMBERG BNA WEBINAR EVENT: Navigating the Increasingly Treacherous Waters of Pre-Employment Background Checks: Challenges for Employers and Potential Bounties for Employees
Wednesday, September 11, 2013
1:00 PM - 2:30 PM ET
Once a backwater of legislative activity, regulatory enforcement, and private litigation, pre-employment background checks have taken center stage. Beginning in early 2012, legislators around the country have imposed new, far-reaching, and maddeningly varying restrictions on the use of criminal history, credit information, and social media for employment purposes. In a particularly notable development, local governments including Buffalo, New York; Newark, New Jersey; Philadelphia, Pennsylvania; and Seattle Washington, added a new level of complexity to this legislative patchwork. At the same time, the Equal Employment Opportunity Commission (EEOC), following on its issuance in April 2012 of new guidance on the use of criminal history for employment purposes, is aggressively investigating and litigating the allegedly discriminatory impact of background check standards designed to screen out ex-offenders and applicants with poor credit. The plaintiffs’ bar has taken note, catalyzing a spike in private, background check-related litigation.
In this program, three seasoned veterans, who represent both the employer’s and plaintiffs’ perspectives, will describe these new developments; explain their practical implications; and identify key steps for responding. Please join us for an engaging and enlightening discussion of this white hot topic.
- Understand new state and local restrictions on criminal history and credit checks and their implications for the hiring process.
- Learn how to use social media in pre-employment screening without violating new “social media password protection” laws.
- Gain key takeaways from the EEOC’s April 2012 Guidance on the use of criminal history for employment purposes.
- Discover the EEOC’s new enforcement agenda and recent litigation activity.
- Understand how the plaintiff’s bar is taking aim at employers’ hiring practices, including both EEO and Fair Credit Reporting Act (FCRA) litigation.
- Find out about recommendations for restructuring hiring practices to reduce enforcement and litigation risk while maintaining an effective background screening program.
Who would most benefit from attending this program?
Labor and employment attorneys, human resource professionals, in-house counsel, and privacy counsel.
Program Level: Intermediate.
Credit Available: This program’s CLE-credit eligibility varies by state.