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Background Checks, References and Pre-Employment Testing for the Medical Practice

Background Checks, References and Pre-Employment Testing for the Medical Practice


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Length 90 minutes

Speaker: Bob Gregg, Partner, Boardman Law Firm


This program has the prior approval of the American Academy of Professional Coders (AAPC) for 1.5 continuing education hours. Granting of prior approval in no way constitutes endorsement by AAPC of the program content or the program sponsor.



As we all know, background checks and pre-employment testing is necessary for hiring in the medical practice. References are necessary to check the validity of what job applicants say about themselves, to find out what their performance was actually like and to ensure that their credentials are valid.

As we all know, background checks and pre-employment testing is necessary for hiring in the medical practice. References are necessary to check the validity of what job applicants say
about themselves, to find out what their performance was actually like and to ensure that their credentials are valid.

  • What makes a test valid?
  • What violates the law?
  • What are the do's and don'ts?

Failure to adequately check or test background of applicants can result in harm and liability for negligent hiring and reckless endangerment. BUT the "victims" of improper background investigations also have legal challenges under the Fair Credit Reporting Act, discrimination laws and invasion of privacy cases. The EEOC has issued rules governing the improper use of criminal record background checks.

The hiring process can result in finding the ideal employee, OR in legal liability. A major cause of liability is improper pre-employment testing. The tests or manner of administering them too often violate the ADA, Title VII and other discrimination and privacy laws. The ADA requires "validity" for testing.

The pre-employment process of reference checking and background checks has come under increasing attack by unsuccessful job applicants. Cases alleging discrimination, defamation and retaliation have made both the "seekers" and “givers” of references very wary.

In this lively 90-minute audio conference, Bob Gregg shares experience from actual cases and practical detail to clarify the background checks, the pre-employment testing, and the reference checking process for you. References are a valid and necessary part of the hiring process. An employer has legitimate reasons to solicit references, and a former employer has a legitimate authority to provide references. As a practice executive, you'll benefit from hearing about the rights and responsibilities of employers on BOTH side of the reference.

Purchase and learn:

  1. Learn the EEOC guidance relating to performing background checks.
  2. How to effectively conduct criminal background searches.
  3. Understand how the concept of negligent hiring of medical personnel applies in situations where inadequate background checks and references are performed.
  4. Understand the requirements associated with the Fair Credit Reporting Act.
  5. Learn what protections you do have in giving and receiving references.
  6. Understand the ADA, Title VII and civil suit parameters for pre-employment, right-fit and honesty testing.
  7. The duty you have to give negative references - hear about real cases.
  8. Privacy Laws List…looking into the non-job related private life - what not to ask; what you can ask.

Meet Our Speaker!

Bob Gregg, a partner at the Boardman & Clark Law Firm in Madison, Wisconsin, has been involved in employment relations for more than 30 years. He litigates employment cases, representing employers in employment contracts, discrimination cases, FLSA, FMLA and all other areas of employment law. His main emphasis is helping employers achieve enhanced productivity. He has designed the workplace policies of numerous employers, creating positive work environments, and resolving employment problems before they generate lawsuits. Bob has conducted over 3,000 seminars throughout the United States and authored numerous articles on practical employment issues. Bob is a member of the Society for Human Resource Management, the National Speakers Association, is a National Faculty Member of the American Association for Affirmative Action and serves on the Board of Directors for the Department of Defense Equal Opportunity Management Institute Foundation.