Remember that particularly problematic employee you hired? You thought, well, how could I have known the situation would be that bad? Simple answer — background checks. Part of making the decision about who is the best applicant to hire for a position should be ensuring that this person has not engaged in any kind of conduct that reasonably disqualifies them from employment. Discuss the hiring process with special attention on how to legally conduct background checks, what information can be considered and the common mistakes made by employers throughout the process. Special attention will be paid to the EEOC’s recent guidance on the use of criminal background checks in the hiring process.
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Michael S. Cohen, J.D.
Partner
Duane Morris, LLP
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Michael S. Cohen is a partner in Duane Morris’ Employment, Labor, Benefits and Immigration Practice Group. Michael concentrates his practice in the areas of employment law training and counseling. He has trained and counseled employers throughout the country on subjects including harassment prevention; diversity, equity and inclusion; combatting implicit bias; performance management; discipline and discharge; hiring and recruiting practices; performance evaluations; FMLA, ADA and FLSA compliance; leave of absence policies; LGBTQ+ issues in the workplace; substance abuse testing; workplace violence; records retention; conducting background checks; and more. Michael also has conducted investigations into claims of harassment and discrimination and has drafted employee handbooks, employment agreements, non-compete agreements and post-termination agreements. Michael regularly conducts in excess of 200 trainings each year. He has represented clients throughout the country in EEO and other administrative proceedings.
Michael has been cited as a national authority on employment issues by The New York Times, The Associated Press, USA Today, MSNBC.com, HR Magazine, SHRM On-Line, Employment Law 360, Inside Counsel Magazine, as well as many other publications. Michael serves as an Advisory Board Member of GenHERation and as a Board Member of Serve, Inc. Michael is a 1997 magna cum laude graduate of Temple University Beasley School of Law and a cum laude graduate of the University of Pennsylvania.