Properly screening an applicant to insure he or she is a good fit has raised concerns regarding the employee's right to privacy against the employer's right to know who they are hiring.
But to ensure a quality workforce and to prevent potential lawsuits for negligent hires, employers need to conduct thorough background checks on prospective applicants. But how far is too far?
Investigations that delve too deeply into an applicant's private lives can lead to potential lawsuits, especially if the employer chooses to not hire someone based on the background information.
For instance, using information from someone's Facebook page, personal blogs, or from search engine tools - or even asking for an applicant's personal login information for personal blogs or social media pages - may result in claims for invasion of privacy and potential discrimination lawsuits.
In this informative audio conference, you will learn the parameters of the pre-employment screening process and know what you can and cannot ask, including:
- The employer's liability for hiring applicants without a proper background investigation
- How to conduct a background check and the tools and resources availability to an employer
- The types of questions an employer may ask an applicant during an interview
- How to use criminal history and when can an employer refuse to make an offer of employment based on the applicant's criminal history
- When and how to use credit checks and the limitations on the use of credit reports
- The use of social media in the risks involved in asking an applicant for information regarding his or her use of social media
- What types of questions to ask applicants the employer suspects requires an accommodation
About Your Presenter:
Kristine Kwong is a partner with the Musick, Peeler &Garrett law firm. Her practice focuses on labor and employment law. Ms. Kwong is a prolific and sought-after trainer. She regularly produces and presents training programs for employers on the issues of employment law, particularly in the area of government-mandated programs.
Ms. Kwong advises and counsels clients on a wide range of business and employment issues, including wage and hour matters, non-compete and restrictive covenant agreements, executive compensation packages, the full range of disciplinary matters, discrimination, harassment and leaves of absences, including the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), the Americans With Disabilities Act of 1990 (ADA), and the California Fair Employment and Housing Act (FEHA).
Ms. Kwong's practice also includes the drafting and updating of handbooks, policy manuals, codes of conduct, restrictive covenants, trade secret agreements and severance packages.
This program has been approved for 1.5 re-certification credit hours for HRCI's PHR and SPHR designations through the HR Certification Institute. For more information about certification or re-certification, please visit the HR Certification Institute website at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCIs criteria to be pre-approved for re-certification credit.
SHRM Professional Development Credits
This program is valid for 1.5 Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP designations. For more information about certification or re-certification, please visit www.shrmcertification.org.