Find the most effective ways to perform a background check and what legal restrictions may apply.
An ever-increasing number of employers are recognizing the benefits of conducting background checks on 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 illegal actions. Review the kinds of background checks that can be conducted by employers, address the various legal restrictions (primarily under federal and state law) applicable to performing background checks, and the related limitations placed on how acquired background information can be legally used for the benefit of the employer. Much of these latter discussions will be focused on the guidelines for conducting criminal background checks issued by the EEOC and 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.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Legal Limitations on Background Checks
- 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
- 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
- Privacy Issues and Other Legal Restrictions on Use
- Risks of Use, and Best Practices and Policies to Minimize Risk
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on May 3, 2023.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 66 Minutes.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
HR Certification Institute 1.0
- This E-Learning program has been pre-approved for 1.0 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Ralph R. Smith, 3rd, Esq.
Capehart & Scatchard, P.A.
- Shareholder and co-chair of the Labor and Employment Department of the law firm of Capehart & Scatchard, P.A.
- Concentrates practice in the areas of labor and employment law and complex commercial litigation
- Represents companies in all kinds of labor and employment-related litigation in the federal and state courts of New Jersey and Pennsylvania
- Regularly counsels clients on issues of compliance with both federal and state employment laws, including those that impact the area of employee background checks and dealing with arrested employees
- Lectures widely and frequently writes in the field of labor and employment law
- Served as an adjunct professor at The Widener University Graduate School of Business, teaching labor, and employment law
- Member of the New Jersey Federal Bar Association; the New Jersey State Bar Association; the Historical Society of the U.S. District Court for the District of New Jersey; and the Camden County Bar Association, Labor and Employment Committee
- Former barrister instructor for the Camden County Inns of Court; former board member and legislative chair of the Society of Human Resource Management, Philadelphia Chapter; and a qualified mediator for the New Jersey Superior Court
- J.D. degree, cum laude, Temple University School of Law; B.A. degree, magna cum laude, Temple University
- Can be contacted at [email protected] or 856-914-2079
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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