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Screening Applicants and Employees: Background Checks and More!

Author/Editor: Fisher Phillips

Publisher: OADA
Year: 2020

Original Air Date:  January 16, 2020

Presented by OADA, featuring Fisher Phillips


Are your background checks and drug and alcohol screening procedures a little rusty? Do you need to make sure you are legally compliant? If these questions apply to you, or you just want to hear the latest on this topic, then you should tune in!

There are plenty of legitimate business reasons for conducting background checks and testing your applicants and even your employees for drugs and alcohol. Background checks help you identify honest candidates, find applicants with a history of good decision-making, reduce the risk of criminal behavior in your dealership, and ensure that your employees still have a clean record. And drug/alcohol testing helps you maintain a drug-free workplace and ensure the safety of all employees and customers.

Despite all of the important business concerns, however, the regulatory and legal climate has changed. The EEOC has issued guidance on how employers can use background check information, the Fair Credit Reporting Act dictates what notices must be given when a background check is used to make an employment decision, and alcoholism and drug addiction can be covered disabilities under the Americans with Disabilities Act. This leaves most employers with a lot of questions, including:

  • Do the Fair Credit Reporting Act's requirements also apply to driving record checks?
  • Can a dealership have a policy that it will not hire any applicant with a felony conviction?
  • What should a dealer do if a current employee cuts her finger, seeks treatment and then tests positive for marijuana?
  • What if a current employee is convicted of a DUI?

Melanie Webber, a partner with Fisher Phillips, is the featured speaker for this presentation. Melanie has been counseling OADA members for over 19 years, and is a frequent presenter for OADA.

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