With the national economy showing signs of life, some employers have cautiously begun to pick up their hiring activities. Many employers use pre-employment screening mechanisms such as background checks, controlled substance testing, and minimum educational requirements to identify and exclude seemingly undesirable applicants. While it is not new news that tools such as these may implicate a host of issues under federal and state law, several recent legal developments portend a potential expansion of employer liability based on the use of both routine and novel pre-employment screening mechanisms. This webinar will bring participants up-to-date on emerging traps for the unwary relating to pre-employment screening by covering the following topics, among others:
- EEOC enforcement activity based on alleged disparate impact from employer reliance on background checks;
- Potential for vicarious liability for third-party background checks and social media research;
- Recent case law regarding ADA liability based on controlled substance testing; and
- New EEOC guidance on high-school diploma requirements.