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2023 The law of background checks: What clients may/may not 'check'

Total Credits: 1.2 Self Study

Practice Area:
Labor / Employment
Audio and Video


Recording available after original program date, 5/4/2023

Background checks are an exercise in risk management in hiring. Employers want to align an applicant’s skills with a job profile, reducing the likelihood the hire will not work out or, worse yet, cause the employer liability. This typically means that the employer wants as much information as possible on job candidates. But background checks themselves are fraught with potential liability. There are many categories of questions that employers may not ask applicants; and if they do ask these questions, they open themselves to liability. This program will provide you with a real-world guide to what is allowed and what is not allowed in background checks, and best practices for using that information and avoiding liability.

•    Framework of laws impacting background checks, including the Fair Credit Reporting Act
•    What an employ may/may not ask – criminal arrest history, marital status, age, credit history, and other bases
•    Social media background checks
•    Liability for improper/discriminatory use of background checks
•    Counseling clients about best practices in conducting/using background checks

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for ethics, elimination of bias or Kansas credit.


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