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Background Checks and Recruitment Process Outsourcing (RPO) Recruitment Process Outsourcing (RPO) Summit

July 19, 2011


Title:  Background Checks and Recruitment Process Outsourcing (RPO)

Presenter: Les Rosen, Attorney and President of Employment Screening Resources (ESR)

Date/Time: July 19, 2011, 2:00 PM - 3:00 PM ET

Workplace Application: The growing use of Recruitment Process Outsourcing (RPO) raises issues of risk-management and due diligence that employers and RPO organizations cannot afford to overlook.


A growing trend among employers is to use Recruitment Process Outsourcing (RPO) to outsource the entire recruitment process from job profiling to onboarding.  However, both RPO’s and employer need to understand that outsourcing the process does not relieve either party of their due diligence obligations.  Unless the parties clearly understood who is doing what, selecting employees through RPO can leave both the recruiter and employer vulnerable to lawsuits. 

An employer can still be sued for negligent hiring regardless of who does the recruiting.  If an RPO organization does insufficient due diligence, resulting in harm, the employer will be the one that is sued. However, it is likely that an employer in turn may sue the RPO.  

For an RPO organization, just one bad placement can mean the loss of business, lawsuits and damage to a firm’s professional reputation.  Some staffing vendors also increase their business risks unnecessarily with client contracts that fail to address critical due diligence issues or advertising materials that increase their exposure in court. If the background check process, including setting the background screening criteria,  reviewing the report,  and making decisions on derogatory information falls through the crack, both parties may end up in court pointing the finger at the other. 

In this seminar, critical issues will be covered, such as who should do the background checks, when they should be done, legal considerations under federal law, contractual issues that should be addressed in the RPO-Employer agreement, best practices for background checks when using an RPO firm and how both employers and the RPO can minimize their risk of lawsuits for negligence. 

Learn how to minimize risks so you can focus on growing your business, rather than risk being put out of business. 
Learning Goals:

  • Why using a Recruitment Process Outsourcing (RPO) service does not relieve employers of lawsuits for negligent hiring.
  • What are best practices for an RPO organization  and employers to utilize to ensure safe hiring and appropriate background checks.
  • What steps can an RPO take to protect both themselves and their clients when it comes to negligent hiring and background checks.

Speaker Bio:

Lester S. Rosen is an attorney at law and President of Employment Screening Resources (ESR) –  – a nationwide background screening company located in California and accredited by the National Association of Professional Background Screeners (NAPBS).

Mr. Rosen is the author of “The Safe Hiring Manual - The Complete Guide to Keeping Criminals, Imposters, and Terrorists Out of Your Workplace” (512 pages-Facts on Demand Press), the first comprehensive book on employment screening.  He has also written “The Safe Hiring Audit,” published in 2008.

He is also a frequent presenter nationwide on employment screening and and has qualified and testified in the California, Florida, 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. See:

Mr. Rosen was also the chairperson of the steering committee that founded the NAPBS, a professional trade organization for the background screening industry, and served as the first co-chairman in 2004.

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