Why Every PI Should Know Background Check Law

 BP_Sherlock

Written By ESR News Blog Editor Thomas Ahearn

Attorney and licensed Private Investigator (PI) Lester Rosen, founder and CEO of Employment Screening Resources (ESR), will be a guest on the radio show “PI’s Declassified” for an episode titled “What Every Private Investigator Needs to Know about the Laws Governing Pre-Employment Screening” on Thursday, July 2, 2015 from 9 AM to 10 AM Pacific Time. More information about “PI’s Declassified” is available at http://www.voiceamerica.com/Show/1748/pis-declassified.

Hosted by Francie Koehler, “PI’s Declassified” allows authentic private investigators a chance to discuss their real-life cases every Thursday at 9 AM Pacific Time on the VoiceAmerica Variety Channel. In this interview, Rosen will give a broad introduction to the legal landscape facing every PI in this area, and some of the landmines and traps facing any PI who tries to perform pre-employment background checks without full knowledge of the numerous rules and regulations for pre-employment screening.

Pre-employment background checks are heavily regulated by legislation, litigation, and governmental regulation. On the federal level, the federal Fair Credit Reporting Act (FCRA) regulates background checks. The updated U.S. Equal Employment Opportunity Commission (EEOC) Guidance on the use of criminal records issued in 2012 also dramatically impacts employment related background checks. There are also numerous state laws that Private Investigators need to take into account.

In California, there are a host of special requirements and even a single technical violation of just one requirement can expose a PI to $10,000 in civil liability. There are laws and legal exposure as well in using social media and credit reports. Class action lawsuits alleging legal violations or inaccurate information are exploding. While some PI’s believe there is a “PI Exception” to laws about background checks, the fact is that all of these rules and regulations apply with equal force to a PI.

Rosen is a former deputy District Attorney and criminal defense attorney. He is the author of “The Safe Hiring Manual – The Complete Guide to Employment Screening Background Checks for Employers, Recruiters, and Jobseekers”. He has served as an expert witness in background check cases and assisted in drafting California laws governing background checks. Rosen is also a frequent presenter nationwide on background checks, legal compliance, the FCRA, and the EEOC.

In 1997, Rosen founded Employment Screening Resources (ESR), a nationwide background check firm accredited by the National Association of Professional Background Screeners (NAPBS).  He served as the chairperson of the steering committee that founded the NAPBS and served as its first co-chair. For more information about Employment Screening Resources (ESR) – “The Background Check Authority” – call toll free 888.999.4474 or visit http://www.esrcheck.com.

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