407: Extreme Caution Advised: Dealing With Federal and State Laws Regulating Pre-employment Screening and Safe Hiring
Examine your background screening processes against state and federal laws and regulations to ensure legal compliance.
To avoid bad hiring decisions, employers have increasingly turned to background screening as a risk management tool. But, no screening program should be conducted without a full understanding of the Fair Credit Reporting Act (FCRA), discrimination and privacy laws, the ADA, and a host of state-specific rules. Even credit reports, criminal records and social network sites are impacted by EEOC and ADA considerations. Examine federal and state laws to ensure legal compliance of your organization’s practices.
Lester S. Rosen is an attorney at law and president of Employment Screening Resources, a national background screening company located in California. He is the author of “The Safe Hiring Manual--Complete Guide to Keeping Criminals, Imposters and Terrorists Out of Your Workplace,” the first comprehensive book on employment screening, and “The Safe Hiring Audit.” He is also a consultant and frequent nationwide presenter. He has qualified and testified in the California, Florida and Arkansas Superior Courts as an expert witness on issues surrounding safe hiring and due diligence.
