Why Should you Attend:
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. 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 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)
Janette Levey Frisch,
The EmpLAWyerologist Firm/Attorney
Janette is an attorney with more than 20 years legal experience. Janette is the founder of The EmpLAWyerologist Firm. 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 and 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 is licensed in New Jersey and New York. In addition, Janette serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Janette is also a contributor to the recently released book, "Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition", published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.
- Managers and Supervisors
- Risk Managers
- Benefit Specialists
- Business Owners
- General Managers
- Human Resource Managers / Administration
- Office Managers
- Compliance Officers
- Safety Officers