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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 under perf ormed 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.
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! 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.
Why Should You Attend:
Background checks, used correctly, are an invaluable tool for ensuring a safe, reliable workforce - and avoiding negligent hiring liability. At the same time, the use of criminal background checks in the hiring process is creating an increasing exposure to liability. The Equal Employment Opportunity Commission (EEOC) is aggressively pursuing this issue to ensure the practice does not have a disparate impact on minority applicants.
Plaintiffs' class action attorneys are pursuing employers nationwide for failing to conform their background check process with the dictates and protections of the federal Fair Credit Reporting Act (FCRA). Finally, state and local governments continue to pass laws limiting how and when employers may inquire about applicants’ criminal histories and how they may use that information.
This webinar will highlight lessons learned in the trenches, and offer insight into how to properly handle the sensitive use of criminal background check information.
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.