2 Legal Issues in Background Checks

Robert S. Blumberg, Robert P. Hennessy

This chapter is to provide an overview of some of the main legal issues concerning the use of background checks, primarily focused on the use by employers and prospective employers. First, this chapter describes some of the basic legal requirements involved in properly conducting backgrounds checks. Second, the chapter discusses some of the considerations that face companies when contemplating whether to conduct background screening. Third, this chapter addresses the legal implications for properly conducting background checks, including the consequences for violating background check laws. Finally, it addresses some of the reasons why conducting background checks is ...

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