Show navigation

Available in:

OnDemand Course
MP3 Download

Background Checks: Top 10 Do's and Don’ts

Find the most effective ways to perform a background check and what legal restrictions may apply.

An ever-increasing number of employers are recognizing the benefits that can be derived from conducting background checks on both current and prospective employees. While background checks can be an effective tool for weeding out questionable employees, legal limitations on how such checks can be performed (and how the resulting data discovered can be used) must be understood or otherwise an employer will find itself defending against its own illegal actions. Review the kinds of background checks that can be conducted by employers, and likewise address the various legal restrictions (primarily under federal and state law) applicable to performing background checks, and related limitations placed on how acquired background information can be legally used for the benefit of the employer. Much of these latter discussions will be focused on the guidelines for conducting criminal background checks issued by the EEOC and also on the recent trend in many states of placing limits on when criminal background information can be obtained from candidates for employment through enacted Ban the Box laws. Finally, the increasing use of social media outlets to conduct background checks will also be examined, along with the potential legal risks and pitfalls of utilizing such media outlets to perform background checks.

Runtime: 83 minutes
Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Legal Limitations on Background Checks

  • The Federal Fair Credit Reporting Act
  • Common-Law Privacy Restrictions and Other State Statutory Limitations on the Use of Criminal Conviction and Arrest Records
  • The Civil Rights Acts of 1964 and 1991 and Other Anti-Discrimination Laws
  • EEOC Guidelines on Conducting Background Checks
  • The Ever-Increasing Use of Ban the Box Laws

The Downside of Not Performing Background Checks

  • Claims of Negligent Hiring of Employees
  • Claims of Negligent Retention of Employees
  • Other Possible Common-Law Tort Actions

Use of Social Media Sites to Conduct Background Checks

  • Privacy Issues and Other Legal Restrictions on Use
  • Risks of Use, and Best Practices and Policies to Minimize Risk
Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on May 13, 2020.

Call 1-866-352-9540 for further credit information.

  • SHRM 1.25
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.0
     
  • HI CLE 1.25
     
  • ME CLE 1.0
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Ralph R. Smith, 3rd, Esq.

Ralph R. Smith, 3rd, Esq.

Capehart & Scatchard, P.A.

  • Shareholder and co-chair of the Labor and Employment Department of the law firm of Capehart & Scatchard, P.A.
  • Concentrates practice in the areas of labor and employment law, and complex commercial litigation
  • Represents companies in all kinds of labor and employment-related litigation in the federal and state courts of New Jersey and Pennsylvania
  • Regularly counsels clients on issues of compliance with both federal and state employment laws, including those that impact the area of employee background checks and dealing with arrested employees
  • Lectures widely and writes frequently in the field of labor and employment law
  • Has lectured at many Lorman Education Services seminars
  • Served as an adjunct professor at The Widener University Graduate School of Business, teaching labor and employment law
  • Member of the New Jersey Federal Bar Association; the New Jersey State Bar Association; the Historical Society of the U.S. District Court for the District of New Jersey; and the Camden County Bar Association, Labor and Employment Committee
  • Former barrister instructor for the Camden County Inns of Court; former board member and legislative chair of the Society of Human Resource Management, Philadelphia Chapter; and a qualified mediator for the New Jersey Superior Court
  • J.D. degree, cum laude, Temple University School of Law; B.A. degree, magna cum laude, Temple University
  • Can be contacted at 856-914-2079 or [email protected]
Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 407484
Published 2020
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!