Criminal Background Checks in the Hiring Process

    /Janette  /Levey Frischspeaker of Training Doyens
    Speaker: Janette Levey Frisch


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    Duration: 90 Minutes
    Product Code: 50115
    Level: Intermediate

OVERVIEW

You can do your due diligence and conduct legally compliant criminal background checks, and if you attend this webinar, you will learn how to do both. This webinar will help you understand and appreciate the legal issues you must be aware of and discuss some Best Practices so that you can increase your protection – on all fronts! 

WHY SHOULD YOU ATTEND

Most of your employees are likely to be honest, reliable employees. At the same time, hiring employees always involves at least some risk. Are they honest? Are they reliable? Are you, your employees and the public safe if you hire them? Hopefully your worst hire was simply someone who underperformed or wasn’t a match for your company. What if it’s worse, though? What if an employee unfortunately becomes violent with co-workers or unsuspecting members of the public, or steals from you or others? You can then be liable for negligent hiring or retention of those employees if a criminal background check would have revealed this information. On the other hand, the federal Equal Employment Opportunity Commission and Consumer Financial Protection Bureau and many of their state and local counterparts are scrutinizing if, how and when you may conduct and use information you obtain from criminal background checks in the hiring process.

Government agencies concerned about equal employment opportunity for ex-offenders and for minorities have moved to restrict how and when employers may conduct and use information obtained  background checks from a criminal background check when they are looking to hire employees. The federal Consumer Financial Protection Bureau and some of their state counterparts also have something to say about how and when you can conduct criminal background checks as part of your hiring process. Used properly, a criminal background check can be an invaluable tool in your decision-making process. If you do not make sure your background checks are legally compliant, however, you could find yourself facing a lawsuit or an investigation from a federal or state government agency. If you do not conduct a background check at all, you could be exposing yourself to liability for negligent hiring/retention. These do not have to be your choices! You can conduct a background check that protects you from negligent hiring liability and keeps you under government radar.

AREAS COVERED

Why You Should Conduct Criminal Background Checks.

  • What is Negligent Hiring/Retention, Cases of Negligent Hiring/Retention
    • What is the Fair Credit Reporting Act (FCRA)?
  • How do you comply with the FCRA?
    • Cases involving the FCRA
    • Fair and Accurate Credit Transactions Act (FACTA)
    • Equal Employment Opportunity Commission’s (EEOC) position on criminal background checks
    • EEOC’s pre-2012 guidelines
    • EEOC’s 2012 Enforcement Guidance
    • EEOC Cases
    • “Ban the Box” Laws
    • Other considerations (workplace safety/violence issues, workers’ comp).

LEARNING OBJECTIVES

You will learn how to conduct criminal background checks that comply with the Fair Credit Reporting Act and EEOC guidelines. You will also learn, generally, how to be compliant with “Ban the Box” laws.

WHO WILL BENEFIT

CEO’s, Hiring Managers, Recruiters, H.R. Directors, H.R. Managers, Senior Management, people in the background screening industry.

SPEAKER

Janette Levey Frisch, founder of The EmpLAWyerologist Firm, is an employment/HR attorney with over 20 year's legal experience. Ms. Frisch is a legal wellness professional for employment practices and workforce challenges. She works with employers to craft solid employment practices wellness plans tailored to address an organization’s needs and concerns. As a consultant, she offers legal services on virtually all federal and NJ and NY state employment law issues.

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