Can Your Use of Criminal Records Pave the Way for Lawsuits - EEOC Laws and Compliance

Why Should You Attend:

The U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination, approved on April 25, 2012 an updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964. This Guidance may well have a profound impact on how employers in America hire. There are steps and tools that employers can implement immediately at no cost to demonstrate good faith compliance.

This training will discuss use of criminal records in hiring and EEOC best practices. At the end of this webinar, you will have a road map for action items you can implement immediately to demonstrate legal compliance.

Learning Objectives:

• The use of criminal records in hiring and EEOC best practices.
• How hiring an employee with a criminal record can lead to disaster.
• Failure to exercise due diligence in their hiring practice can be liable for negligent hiring.
• Failure to take precautions leads to workplace violence, theft, and embezzlement.
• How it is unlawful to even consider certain types of criminal records in California.
• How employers face a host of legal and privacy concerns in using criminal records.
• An understanding of the importance that criminal records play in the hiring.
• An introduction to obtaining and evaluating criminal records.
• An overview of the legal aspects of obtaining and using criminal records.
• Ten steps an employer can take immediately to promote safe hiring that cost nothing.

Areas Covered in the Webinar:

• Longstanding court decisions and existing EEOC Guidance documents.
• Employment discrimination based on race and national origin.
• The differences between arrest and conviction records.
• Disparate treatment and disparate impact analysis under Title VII.
• Compliance with other federal laws and/or regulations that conflict with Title VI.
• State and local laws or regulations pre-empted by Title VII.
• EEOC Guidance best practices for employers.
• Option for handling questions about post criminal records.
• Criticisms of the new EEOC Guidance.
• Challenges stemming from the new EEOC Guidance.

Who Will Benefit:

• Human Resources Professionals
• Hiring and Employment managers
• Employers and Business owners
• Talent Management Officers
• Risk, Audit, and Compliance Personnel
• Anyone involved with the hiring and/or retention process at a company

Instructor Profile:

Lester S. Rosen is an attorney at law and CEO of Employment Screening Resources (ESR), a national background screening company located in California. ESR is an accredited background firm under the National Association of Professional Background Screeners (NAPBS) accreditation program. ESR also successfully completed a SOC 2 Type 2 audit report to ensure data protection.

He is the author of “The Safe Hiring Manual – The Complete Guide to Employment Screening Background Checks for Employers, Recruiters, and Jobseekers (728 pages-Facts on Demand Press/2nd Edition / October 2012), the first comprehensive book on employment screening. He has also written “The Safe Hiring Audit,” published in 2008.

He is also a consultant, writer and frequent presenter nationwide on pre-employment screening and safe hiring issues. He has qualified and testified in the California, Florida and Arkansas Superior Courts as an expert witness on issues surrounding safe hiring and due diligence. His speaking appearances have included numerous national and statewide conferences.

Mr. Rosen was the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) a professional trade organization for the screening industry and served as the first co-chairman in 2004.

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