Avoiding the Legal Pitfalls of Screening Applicants

Instructor: Susan Fahey Desmond
Product ID: 704277
  • Duration: 90 Min

recorded version

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Hiring the wrong individual can be costly in so many ways. You will be eventually looking at terminating him/her, and terminations always run the risk of a lawsuit. Hiring someone with a violent or criminal background can lead to a negligent hiring claim should the individual inflict harm on others while working for your organization. Yet, there are so many laws that say what you can or can’t do when screening your applicants. This webinar will guide participants through the legal pitfalls that come from screening applicants and how to avoid them.

Course "Avoiding the Legal Pitfalls of Screening Applicants" has been pre-approved by HRCI as eligible for 1.5 credits towards a participant's recertification upon full completion.
“The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program”.

Why Should You Attend:

Amid stringent laws that only allow you to verify from past employers than an applicant worked for them and his/her designation with them, delving into an applicant’s background presents quite a challenge. Now, one of the big agenda items of the EEOC is to attack an employer’s use of background information such as criminal history. On the other hand, employers have faced costly jury verdicts for negligent hiring when the individual inflicts harm on others.

This webinar will walk you through the laws you should consider in your hiring process like Title VII, the Americans with Disabilities Act, the Fair Credit Reporting Act, and more.

Areas Covered in the Webinar:

  • Understanding the disparate impact theory and how it affects your hiring decisions.
  • The latest position of the EEOC regarding criminal background checks and how the courts are responding.
  • Getting medical information during the application process.
  • Case examples of negligent hiring and what went wrong and why.
  • Legal pitfalls in using (or not using) the Internet and social media during the hiring process.
  • Complying with the Fair Credit Reporting Act.
  • The pros and cons of using fingerprints for background checking.
  • Negligent hiring cases and what went wrong.

Who Will Benefit:

  • Labor and employment law professionals
  • In house legal counsel
  • Human resource managers
  • Hiring managers
  • Professionals engaged in performing background checks

Instructor Profile:

Susan Fahey Desmond is a shareholder in the New Orleans office of Jackson Lewis, a national labor and employment law firm with offices in 59 cities across the country. She has been representing management in all areas of labor and employment law for over 25 years. She is listed in Best Lawyers in America for labor and employment law and has been named by U.S. Chambers as one of America’s leading business lawyers. Ms. Desmond is a frequent speaker and author in many topics of labor and employment law.

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