Client Briefing: How to Keep the Hiring Process Legal While Avoiding the Bad Apples

In today’s world, employers must be committed to protecting themselves, their employees and clients from workplace violence and harassment and other illegal activity.  Current laws, regulations and practices, including recent EEOC Guidance,  limit how employers can collect information on applicants and employees, and more importantly, what employers can do with that information.  The risk of a discrimination lawsuit must always be considered when an employer uses criminal and credit background check information. In addition, employers can use arbitration agreements, confidentiality, non-compete and non-solicitation agreements with new employees to protect company assets and limit liability.

Please join us for a discussion on some of the key issues pertaining to the proper pre-employment investigation of job applicants.  Issues that we will cover include:

• EEOC interest in employers’ policies and procedures relating to background checks. 
• Best practices for conducting criminal background checks on job applicants.
  Evidence deriving from criminal background checks that employers should review.
• Permissible use of credit reports by employers pursuant to the Fair Credit Reporting Act (FCRA).
• Use of arbitration and jury waiver agreements.
• Protecting company assets with the use of confidentiality, non-compete and non-solicitation agreements.
• General compliance mistakes employers make.

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