Hiring Without Liability: Closing the Legal Gaps in Your Hiring Process

Program Summary

In our interactive instructor-led 60-minute event, you will learn a comprehensive framework for hardening your hiring process against legal and regulatory risk. Most HR leaders focus on finding the right candidate. The ones who stay out of court focus equally on how every step of the process is conducted, documented, and defensible.

This session goes beyond basic best practices to cover the legal vulnerabilities hiding inside your current hiring workflow. You will learn how background check missteps create FCRA and EEOC exposure, how incomplete documentation turns a reasonable hiring decision into a negligent hiring lawsuit, and how to build a consistent process that holds up whether the challenge comes from a regulator, a plaintiff's attorney, or your own leadership team.

You'll discover the following:

• How to identify the documentation gaps in your current hiring process before a lawsuit does it for you
• Specific background check errors that trigger FCRA violations and how to run a compliant screening program
• What negligent hiring actually looks like in court and how your process either prevents or invites it
• Steps for building a hiring paper trail that supports your decisions at every stage of the process

Program Highlights

Background Checks: Running a Compliant Screening Program

• How to structure your background check process to stay compliant with FCRA, EEOC guidance, and state ban-the-box laws
• Ways to apply individualized assessment so criminal history decisions are consistent and legally defensible
• Techniques for managing adverse action notices correctly so a single misstep does not become a class action

Negligent Hiring: Closing the Gaps That Create Liability

• How courts define negligent hiring and what your current process needs to demonstrate to avoid it
• Specific due diligence steps that protect your organization when a new hire's past conduct becomes a future problem
• Strategies for documenting your screening rationale so decisions reflect a reasonable, good-faith process

Documentation and Defensibility: Building the Paper Trail That Protects You

• How to standardize hiring documentation across managers and locations so no one's shortcuts become your liability
• Ways to retain records in a format that survives litigation holds, audits, and public records requests
• Best practices for training hiring managers on documentation discipline before the next open role is posted

Question & Answer Session Have your specific questions answered!

ABOUT THE SPEAKER

Margie Faulk, HR Compliance Advisor and E-Learning Trainer, HR Compliance Solutions, LLC

Margie Faulk is a senior-level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and non-profit sectors.  Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties for violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).