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Criminal Background Checks in the Hiring Process
- What are background checks and why should you consider performing them
- 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)
Overview of the webinar
Although most employees are honest and reliable, hiring always involves at least some risk. Are they honest? Are they reliable? Are you, your employees and the public safe if you hire them? If you’re lucky, your worst hire was simply someone who underperformed or wasn’t a match for your company. What if you’re not so lucky? 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 the information you obtain from criminal background checks in the hiring process. What should you do? Do your due diligence and learn how to conduct legally compliant criminal background checks! You can begin to learn how to do both, by attending this webinar.
Who should attend?
- Executives
- Managers and Supervisors
- Risk Managers
- Benefit Specialists
- Supervisors
- Business Owners
- General Managers
- HR Managers / Administration
- Office Managers
- Compliance Officers
- Safety Officers
Why should you attend?
Federal, state and local government agencies seem to have more and more to say about equal employment opportunity for ex-offenders and for minorities. Many 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 Trade Commission and the Federal Consumer Financial Protection Bureau, as chief enforcers of the Fair Credit Reporting Act, 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. 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!
Faculty - Ms.Janette Levey Frisch
Janette Levey Frisch, Founder of The EmpLAWyerologist Firm, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law.
Janette and The EmpLAWyerologist Firm operate under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems before they result in lawsuits or steep fines caused by government audits. Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs.
Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette also serves as a Task Force Member of the Workplace Violence Prevention Institute, a multi-disciplinary organization dedicated to providing cutting edge resources to employers serious about taking a holistic, proactive approach to preventing and minimizing workplace violence.