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How Social Media and Traditional Background Checks Trigger Privacy Lawsuits


April 22, 2010


Thursday, April 22, 2010 at 2:00 pm Eastern - 60 minutes 

COURSE DESCRIPTION: Negligent hiring is a disaster for your business, so you naturally want to probe deeply into a job candidate’s past before making a hire. But how deep can you go without violating privacy. And how can you take action based on the information you uncover without violating discrimination laws?

Litigation related to background checks has increased substantially in recent years. Part of the reason is a tightening of privacy and credit reporting laws. But now employers face a new danger: social media. Lots of companies scour Facebook and other Websites to find information about potential hires. When they act on that information, which may or may not be true, they run huge legal risks.

In this 60-minute Webinar, learn best practices to help screen employees thoroughly without violating the law. Attorney Les Rosen will explore:

  • The pros and cons of using internet sites such as Facebook and how privacy and discrimination laws apply
  • What employers should do when they discover that a job candidate has a criminal record, a bad credit report or some other red flag
  • The Title VII implications of background checks and credit reports
  • The legal requirements under the Fair Credit Reporting Act (FCRA) and how state to state privacy laws also apply
  • The legal risks associated with "one button" automated background check systems
  • What applicants need to sign before and after the background check is complete
  • How employers should deal with independent contractors or temporary workers
  • Considerations when conducting International background checks.

ABOUT THE SPEAKER: Lester S. Rosen is an attorney at law and President of Employment Screening Resources (, a national background screening company in California.  He is the author of, “The Safe Hiring Manual – Complete Guide to Keeping Criminals, Imposters and Terrorists Out of Your Workplace.” He is also a consultant, writer and frequent presenter nationwide on pre-employment screening and safe hiring issues. He has qualified and testified in the California and Arkansas Superior Courts as an expert witness on issues surrounding safe hiring and due diligence. His speaking appearances have included numerous national and statewide conferences.

Mr. Rosen has a J.D. degree from the University of California at Davis. He was the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) a professional trade organization for the screening industry.

HRCI CERTIFICATION: This program has been approved for 1.0 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage. 

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