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When it comes to hiring new employees, many organizations conduct background checks as a matter of course. But there are legal limits on what you can and cannot do.
For example, you must ensure that your practices don’t run afoul of the federal Fair Credit Reporting Act (FCRA) or the Equal Employment Opportunity Commission (EEOC), which both set compliance guidelines that affect your background check policy. You cannot, for example, discriminate on the basis of protected characteristics or broadly refuse to hire certain groups of people—including convicted criminals.
Even if you’ve conducted background checks for years, now is a good time to review your policies and procedures. New legislation in many states is making what used to be routine checks, illegal. For example, employers in many states are now restricted from making hiring decisions based on information found on credit reports.
Use this on-demand webinar to learn how to legally conduct employee background checks. You’ll get pointers from Spencer Waldron, an associate in the Irvine, California office of Fisher Phillips LLP, on how to approach the background check process, which investigations are necessary for the particular job slot, and the limitations imposed by federal law.
In addition, you’ll learn:
Spencer Waldron, Esq.
Fisher Phillips LLP
Spencer Waldron is an associate in the Irvine, California office of Fisher Phillips LLP. His practice includes counseling and defending employers in all areas of labor and employment law. Mr. Waldron’s practice focuses on defending employers in wage and hour class and collective actions, FCRA/ICRAA/CCRAA claims, as well as wrongful termination, discrimination, harassment, unfair competition, and trade secret lawsuits under federal and California labor and employment laws. He has represented clients and appeared before multiple governmental agencies, such as the Department of Fair Employment and Housing, the Department of Labor Standards Enforcement, the Equal Employment Opportunity Commission, and the Employment Development Department, as well as state and federal courts throughout California. He also counsels employers on various employment related issues such as hiring, background checks, termination, strategic restructuring and layoffs, disciplinary issues, medical leaves, and general employment policies and procedures.