Avoid Hiring Criminals, Terrorists and Imposters - The Do's and Don'ts for Pre-employment Screening

In light of the recent influx of negligent hiring claims against employers, obtaining a background check for new hires has become more important. But, often times, employers are unclear about their limitations and obligations under state and federal law when using a background check report obtained from a consumer reporting agency.

Did you know that the Fair Credit Reporting Act applies to reports other than credit checks? Did you know that most states have laws imposing additional obligations beyond the requirements of the FCRA?

Did you know that some states prohibit employers from considering convictions that occurred more than seven years ago? Did you know that some states prohibit employers from refusing to hire an applicant based on a misdemeanor first time offense for marijuana possession?

Did you know that some states prohibit employers from requiring an employee to undergo a drug test unless you have a drug testing program approved by the state?

If you do not know the answers to these questions, this Audio Conference is for you.

Learning Objectives:

• Identify how to comply with the Fair Credit Reporting Act and equivalent state laws.
• List the "Dos and Dont's" of hiring and/or rejecting applicants with a criminal record and/or bad credit.
• Recognize negligent hiring concerns.
• Review state laws concerning new hire drug testing.
• Identify what to ask and what not to ask on an employment application.

Presented Bys:

Donyetta Bailey
Attorney
Keating, Muething & Klekamp, PLL

Ms. Bailey has been practicing law for over five years and concentrates her practice in the areas of labor & employment and some general civil litigation. Ms. Bailey is currently responsible for managing the pre-employment screening process for a nationwide employer. Additionally, she has experience representing employers in employment cases concerning the ADA, FMLA, race and sex-based discrimination in both state and federal courts. She also represents employers in all aspects of workers' compensation and has prior experience as an Assistant Attorney General for the state of Ohio in their workers' compensation section. She is admitted to practice law in Ohio and New York.

Continuing Education:

• This program has been approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Recertification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage.