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Federal and State Laws Regulating Pre-Employment Screening Background Checks and Safe Hiring


March 03, 2010


Failure to exercise due diligence when hiring new employees can result in workplace violence, fraud, embezzlement and the legal and financial nightmare that can come from  hiring someone with a false credential or who is not qualified. To avoid bad hiring decisions, employers increasingly turn to pre-employment background screening as a risk management tool. 

The session will provide an overview of the latest legal issues triggered when conducting pre-employment screening in the United States.  We will provide practical insight on how employers may conduct legally compliant screening programs that ensure that they hire a safe and qualified workforce and avoid claims from job applicants that their legal rights were infringed.

Speakers will focus on:

  • Negligent hiring and how to avoid it
  • Following the federal Fair Credit Reporting Act (FCTA) in four easy steps
  • The impact of state laws on background checks
  • The pros and cons of using credit report.
  • Avoiding claims of discrimination when using criminal records and other screening tools.  
  • The pitfalls with using the Internet and social networking site to screen applicants
  • The Americans with Disabilities Act and background checks including worker' compensation records
  • Auditing your hiring program: Obtaining a due diligence report card.
  • Minimizing the risk of workplace violence


  • J. Michael Porter, Moderator, Miller Nash LLP, Portland OR
  • Judith A. Biggs, Holland and Hart LLP, Boulder, CO
  • Michael A. Blickman, Ice Miller LLP, Indianapolis, IN
  • Mary E. Funk, Nyemaster, Goode, West, Hansell & O'Brien, P.C., Des Moines, IA
  • Sue "Corky" Erwin Harper, Nelson Mullins Riley & Scarborough LLP, Columbia, SC
  • Lester S. Rosen, President, Employment Screening Resources, Novato, CA

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