The Law of Background Checks: What Clients May/May Not Check - 2019

Originally presented May 3, 2019

Background checks are an exercise in risk management in hiring. Companies want to align an applicant’s skills with the company’s job profile, reducing the likelihood the hire won’t work out or, worse yet, cause the company 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 those questions, employers open themselves to liability. There is a trend toward in legislation and common law to further limit background checks. This program will provide you with a real-world guide to what’s allowed and 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

• Potential liability (and measure of damages) for improper/discriminatory use of background checks

• Counseling clients about best practices in conducting/using background checks

Speaker: Felicia Davis, Paul Hastings, LLP, Los Angeles

NOTE: This program was originally produced as a telephone seminar and is available on demand in streaming audio. 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 or elimination of bias credit.