The Potential Minefield of Background Checks, References, and Pre-Employment Testing
Overview
Inadequately checking the background of a prospective family office employee or performing an improper background check can be hazardous for a family office, resulting in claims of negligent hiring, reckless endangerment, and possible scrutiny from the EEOC, OFCCP, and the courts. However, prospective employees that claim an improper background check was performed have their options and protections under the Fair Credit Reporting Act, discrimination laws and invasion of privacy cases.
To avoid ending up in “hot water”, it's crucial for family offices to understand the proper protocol when performing background checks, checking references, and administering pre-employment testing.
In this session, we explored:
- How much freedom you really have to weed out unqualified workers before hiring them, and what constitutes a proper background check or pre-employment test
- What steps should be taken prior to pre-employment testing and how does a family office ensure they comply with ADA, Title VII, or other discrimination and privacy laws
- How family offices should engage in an "interactive process" before disqualifying a job applicant