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Legal Pitfalls and Minefields in the New Age of Recruiting

April 03, 2014


Event: Recruiting Trends Conference, Alexandria, VA

Title: Legal Pitfalls and Minefields in the New Age of Recruiting

Date/Time: Thursday, April 3, 2014 / 2:30 PM - 3:20 PM Eastern

Speaker: Attorney Lester Rosen, Founder & CEO Employment Screening Resources (ESR)


No conference on recruiting or talent is complete without a number of sessions on the use of social networking for sourcing, recruiting and employer branding.

However, before jumping on the internet, be aware that dangers and pitfalls abound and that what might seem like a strategic us of social media is actually a fast track ticket to litigation, governmental investigations and bad press.  In this session, review some of the legal considerations of using the internet for selecting and screening candidate including:

  • How to avoid allegations of discrimination based upon prohibited criteria such as race, creed, color, sex, medical condition, marital status, age and other criteria.
  • Why recruiters are tempting fate by assuming that just become something is online that all rights to privacy have been waived.
  • How the internet is a virtual petri dish for fraud and deceit by candidates pushing totally fake credentials, such as fraudulent education and employment histories and how to avoid the sophisticated  scams.
  • How state laws are restricting internet use, such as prohibiting the consideration of lawful off-duty conduct or prohibitions on requiring applicant passwords.
  • How the EEOC Guidance on the use of criminal records issued in 2012 may well change the way every U.S. firm recruits and hires.
  • The many problems with using “social media” searches as a form of a pre-hire background check.
  • Other dangers recruiters face in using the internet as well as potential solutions.

Social media use is here to stay, but unless done right, employers and recruiters may find themselves spending more time in courtrooms then growing their business.  

About Your Presenter:

Lester S. Rosen is an Attorney at Law and Founder and  CEO of Employment Screening Resources (ESR), an accredited, national background screening company under the National Association of Professional Background Screeners (NAPBS) accreditation program, a professional trade organization for the screening industry. He is the author of "The Safe Hiring Manual: The Complete Guide to Employment Screening Background Checks for Employers, Recruiters, and Jobseekers" and "The Safe Hiring Audit." He is a consultant, writer, and frequent presenter on pre-employment screening and safe hiring issues. He also has qualified as an expert witness on issues surrounding safe hiring and due diligence. His speaking appearances have included numerous national and statewide conferences.


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