It’s a Jungle Out There! Avoiding Negligent Hiring Claims with Compliant Background Screening
To avoid bad hiring decisions, employers are utilizing pre-employment background screening as a risk management tool. However, background checks are increasingly subject to litigation, legislation and regulation. There has been an explosion of class-action lawsuits, as well as actions by federal agencies, based on allegations that employers failed to follow the law. This session will examine 10 key areas of legal compliance designed to help you hire the best while avoiding legal fallout. This session will help you understand:
· How the federal Fair Credit Reporting Act and similar state laws impact hiring.
· The impact of EEOC guidance on the use of criminal records.
· The elements and defenses to negligent hiring lawsuits.
· The current explosion in class-action lawsuits related to background checks.
· How to audit your current practices to ensure you are legally compliant.
Lester S. Rosen
![](https://sessionplanner.shrm.org/sites/default/files/styles/medium/public/Lester-Rosen.jpg?itok=Ecd9myPN)
Lester S. Rosen is an attorney at law and CEO of Employment Screening Resources (ESR), a national background screening company. He is a consultant, writer, expert witness and frequent presenter nationwide on pre-employment screening. He is the author of “The Safe Hiring Manual,” (3d Edition 2017/826 pages), the first comprehensive book on background screening. He served as the chairperson of the steering committee that founded the Professional Background Screeners Association (PBSA), served as its first co-chair and received the PBSA Lifetime Achievement Award in 2019.
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