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

2. 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

3. 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

4. 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.

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

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

7. 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

8. Closing
Questions?
Feedback?

9. Contact Info
Daniel McCalister
Baird Mandalas Brockstedt LLC ●
6 S. State Street Dover, Delaware 19901
Telephone: (302) Fax: (302)