A Strategic Approach to a Legally Compliant and Effective Background Screening Program
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 including class actions, legislation and regulation. Employers need a strategy to comply with their due diligence obligations, the Fair Credit Reporting Act (FCRA), allegations of discrimination and 'Ban the Box' laws designed to give ex-offenders a Second Chance. This session will audit key areas of legal compliance to help employers hire the best while avoiding legal fallout.
Learning Objectives:
- Learn how the Federal Fair Credit Reporting Act and similar state laws impact hiring.
- Understand the impact of the EEOC guidance and 'Ban the Box' on the use of criminal records and the need to give ex-offenders a second chance.
- Review the elements and defenses to negligent hiring lawsuits.
- Understand the current explosion in class action lawsuits related to background checks.
- How to audit your current practices for legal compliance and best practices.
Lester S. Rosen
Lester S. Rosen is an attorney and Founder of Employment Screening Resources (ESR) a service offering of ClearStar. He is the author of, “The Safe Hiring Manual,” (3d Edition 2017), the first comprehensive book on employment screening. He is also a consultant, writer, expert witness and frequent presenter nationwide on safe hiring and due diligence. He is both a former prosecutor and criminal defense attorney. Mr. Rosen was the chairperson of the steering committee that founded the Professional Background Screening Association (PBSA) and served as the first co-chairman in 2004. He received the PBSA Lifetime Achievement Award in 2019.