Learn key hiring legal risks - DEI, AI screening, non-competes & more - to avoid costly lawsuits & investigations.
The legal issues affecting the hiring process - DEI, reverse discrimination, compensation disclosure, ban the box, credit check laws, non-compete limitations, AI screening tools - to name a few - have never been so complex, challenging and potentially costly as in 2025. Understanding that while the presidential Executive Orders prohibit illegal DEI, all DEI is often targeted. Employers are buffeted by the storm around DEI and potential reverse discrimination claims likely to be made easier to prove by the Supreme Court’s recent decisions. It’s clearly a challenge for employers to hire employees with the requisite skills without slipping up on one of these issues and becoming the target of a government investigation or private litigation. Understanding the numerous obligations and requirements is step one. Step two is putting in place the policies and practices to prevent legally risky hiring activities. Step three is making sure everyone involved in the hiring process has the necessary understanding to be able to select the best applicants to fill open positions but doing so in ways that are also least likely to trigger a costly and time-consuming government investigation or lawsuit. This live webinar will provide the understanding of the applicable laws and how an employer can decide if an AI test is legally sound, when to use a non-compete, how many job postings must provide compensation and benefit information and what background screening, including via social media, and applicant inquiries can be used lawfully.Learning Objectives
- You will be able to explain why prior salary and criminal history inquiries are now dangerous.
- You will be able to identify key hiring process actions that can lead to litigations.You will be able to recognize recruiting practices that can lead to reverse discrimination claims.
- You will be able to review your hiring process to greatly reduce the likelihood of litigation.
Agenda
Hidden Dangers in AI Applicant Screening Tools and Social Media Screening
Compensation, Benefit and Non-Compete Information for Potential Applicants
Complying With Fair Credit Reporting Act, Credit Check and Criminal History Inquiry Limitations
DEI and LGBTQ+ Investigation and Litigation Concerns
Manager Interviewers - the Possible Weak Link in Lawful Hiring
Speaker(s)
Frank C. Morris, Jr.Epstein Becker & Green, P.C.
- Chair, employment law practice in Washington, D.C. and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
- Speaker on the ADA and employment law to the judicial conferences for the federal judges of the Third, Fourth, Fifth, Sixth, Seventh and Eleventh Circuits
- Adjunct professor at the George Washington University Law School
- Named to The Best Lawyers in America and the Washington, D.C. Super Lawyers list and in Washington, D.C. and Baltimore’s Top-Rated Lawyers
- Represents and counsels employers and public accommodations nationally in employment, labor, leave and disability matters
