Legally-Compliant Practices Regarding Background Screening Daniel McCalister Baird Mandalas Brockstedt LLC

Background Screening Training Objectives: Today, you will learn how to avoid a bad hire and maintain a safe workplace while avoiding or minimizing legal liability. Specifically, the presentation will cover: The current trends, best practices, and legal developments affecting due diligence and hiring The new EEOC focus on criminal records and credit reports Guidance for using social networking sites Tips for international background screening Steps for dealing with resume fraud Best practices for handling temporary workers, privacy, and off-shoring of personal data Tools to protect against workplace violence

Ban the Box and Re-Entry/”Second Chance” programs for ex-offenders Recent national trends Delaware state and local trends and regulations Has the program met its objectives? Balancing the rights of applicants with the safety of the workplace in the era of Ban the Box Consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act

Use of Credit Reporting in Background Checks The Fair Credit Reporting Act. Spokeo, Inc. v. Robins: recent US Supreme Court decision requiring injury in fact to bring claim in federal court under FCRA.

Employment screening and the EEOC EEOC Strategic Enforcement Plan—2017-2021 EEOC has expressed that it will closely monitor “big data” background screening

Drug Testing in The Era of Medical Marijuana Medical marijuana in Delaware. Legal issues—balancing workplace safety with anti-discrimination laws

Trends in safe hiring and retention Continuous screening of current employees—growing more common Millennials—different work histories and ownership histories, larger online presence, will change screening processes Advancements in screening technology Safe hiring and retention of growing number of international workers

Closing Questions? Feedback?

Contact Info Daniel McCalister Baird Mandalas Brockstedt LLC ● 6 S. State Street Dover, Delaware 19901 E-mail: dan@bmbde.com Telephone: (302) 677-0061 Fax: (302) 677-0065