Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
In a live BNA webinar taking place on October 30, 2012, a panel of leading experts in the areas of workplace privacy, background checking, and the EEOC’s new enforcement guidance on the use of criminal history for employment decisions will describe critical new developments and their implications for employers. The panel, consisting of Littler shareholders and practice group leads Philip Gordon, Rod Fliegel and Barry Hartstein, also will provide practical recommendations on conducting effective background checks in compliance with the web of new laws regulating the area.
Study after study demonstrates that an organization’s own people pose the most significant threat to information security and the privacy of customer, patient, and employee data. Privacy and human resources professionals have responded by implementing increasingly rigorous screening programs and by subjecting vendors’ employees to similarly stringent background checks. While mitigating privacy and information security risk, these screening programs can unwittingly create substantial legal exposure for the organization.
New federal and state laws are imposing increasingly complex restrictions on criminal history, credit and social media checks. At the same time, regulators such as the EEOC are flexing their enforcement muscle in an area that previously had seen limited enforcement action. These enforcement actions have caught the attention of plaintiffs’ class action counsel who challenge screening in practices in lawsuits alleging violations of federal Fair Credit Reporting Act and other state and federal laws. For these reasons and more, it is critical that employers understand how to apply background check laws in a correct and consistent manner.
Educational Objectives:
• Understand privacy pitfalls and how to avoid them
• Learn to advise your clients to conduct effective pre-employment screening in compliance with the many state and federal laws regulating the area
• Find out how to reduce the risk of government enforcement actions
• Learn to advise your clients how they may gain thorough knowledge of their vendors and who is working for same
Who would benefit from attending the program?
Privacy professionals, human resource professionals, and in-house employment and privacy counsel
Program Level: Intermediate
Credit Available: CLE credit is available