(Problem) Many employers struggle to balance their need for information about potential applicants, given the high costs of even a single "bad hire," with understanding their legal obligations and the risks of using certain available tools to screen job applicants. Unemployed applicants pose unique issues and are more likely to bring a failure to hire discrimination claim. (Solution) This OnDemand Webinar empowers recruiters and HR professionals with the information needed to understand the legal issues, the benefits, and the attendant risks of the most common background screening tools and practices, with particular focus on consideration of unemployed applicants. This program will explore recent EEOC focus and emerging trends and best practices, along with the growing use of social media and internet tools. Given the growing number of failure to hire claims in today's challenging job market, the increasing frequency of FCRA and EEOC actions related to hiring practices and applicant investigation, failing to understand how to properly use these tools can turn valuable candidate selection information into a source of significant legal exposure for your company.
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Why Lorman?
Over 32 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
Overview and Introduction to Applicant Screening Issues
- What's on Your Company's Screening Menu?
- A Veritable "Buffet Menu" of Screening Tools Are Available Today
- A "One Size Fits All" Approach Versus an Individualized Approach
- Background Checks and Fair Credit Reporting Act Compliance Issues
- Consumer Reports, Credit Reports and Criminal Background Checks
- Understanding the Employer's Disclosure Obligations
Special Considerations for Screening Unemployed Applicants
- Initial Considerations
- Conducting Reference Checks
- Getting the Applicant and/or Former Employer to Disclose Information
- Managing the Risk of a Bad Hire Versus the Risk of a Failure to Hire Discrimination and Related Claims
- EEOC Focus on Background Checks and Other Selection and Testing Criteria Will Impact How You Screen Unemployed Applicants
- The EEOC's Views on the Subject
- Use of Credit History as a Screening Tool
- Use of Arrest and/or Criminal History as a Screening Tool
- Disparate Impact Claims
- Using Social Media to Investigate and Evaluate Unemployed Applicants
- Pros and Cons of Researching Applicants on Facebook®, LinkedIn®, Twitter®, Google®, etc.
- How to Use Social Media Tools Without Creating Liability Issues
- The "Who," "How," "Why" and the "When" of It All Do Matter
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Why Lorman?
Over 32 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 Webinar
This course was last revised on October 31, 2011.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 32 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
James K. Cowan, Jr.
CowanPerry PC
- Chairman and founder of CowanPerry PC in Blacksburg and Roanoke, Virginia
- Practice focuses on labor and employment counsel, complex business litigation, land use issues, and commercial real estate projects. He also serves as general outside counsel to numerous businesses
- Represents a number of employers in the mid-Atlantic region, ranging from high-tech start-ups to large manufacturers
- More than twenty years litigation experience in federal and state courts across Virginia defending wrongful discharge claims, claims for relief under the Family Medical Leave Act and Fair Labor Standards Act, disability discrimination claims under the Americans with Disabilities Act, age discrimination claims under the Age Discrimination in Employment Act, and claims of sexual harassment, and race and gender discrimination under Title VII of the Civil Rights Act of 1964
- Focuses on assisting clients with compliance obligations under the FLSA, FMLA, ADA, ADEA, Title VII, and Executive Order 11246 compliance, including preparation of affirmative action plans and responding to OFCCP audits
- Frequent speaker and corporate trainer for companies on sexual harassment, employment discrimination, FMLA and ADA compliance, the Fair Labor Standards Act, diversity and affirmative action, conducting workplace investigations, hiring and firing, and union free management
- Member of the Virginia State Bar; the Virginia Bar Association, Labor Relations and Employment Law Section; board member for the New River Valley Society for Human Resource Management; and currently serves as general counsel to the New River Valley Economic Development Alliance
- Listed in The Best Lawyers in America®, Labor and Employment Law; selected as a Virginia Super Lawyer in Employment and Labor
- Can be contacted at 540-443-2860 or [email protected]
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Why Lorman?
Over 32 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.
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