Criminal Background Checks in the Hiring Process - What Every Employer Needs to Know -EEOC, FCRA, FACTA & Negligent Hiring and Vicarious Liability
Janette Levey Frisch,Employment and HR Attorney, The Emplawyerologist Firm
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Hiring employees has always involved risk, has always presented challenges to employers. Yet today, many employers feel that it's more challenging than ever to find and hire the right people. Not only do you need to ensure the right fit, but there are also about federal and state laws and regulations, concerns about discrimination and privacy. Without exercising due diligence in hiring, you risk mistakes that can result in legal and financial nightmares including workplace violence, unqualified employees, and theft and litigation for negligent hiring. Many employers use attempt to minimize their risks through their pre-employment screening, which often includes criminal background checks. At the same time though, failure to follow legally complaint hiring practices can result in regulatory actions and class action lawsuits. So, what's an employer to do?
In this live, interactive two-day seminar we will explore key issues and concerns for employers regarding their pre-employment screening processes in general, and criminal background checks in particular. You will learn about the latest developments and you will gain some insight as to how you might stay ahead of the curve in dealing with changing legal developments that impact how you screen your applicants and employees.
Who will Benefit:
- Business Owners
- HR Representatives
- HR Generalists
- HR Coordinators
- Company Officers and other Senior Managers
- HR Assistants
- Venture Capitalists
Can You Answer the questions below?
- Can you include a release in Authorization and Disclosure Forms?
- Must the Authorization and Disclosure each be in a separate form?
- When can you deny employment to an applicant with a criminal history?
- Can you ask about criminal history on the job application?
- How do you avoid or minimize claims of discrimination by candidates rejected due to their criminal history?
- What other legal concerns should you bear in mind when screening job applicants?
All of the above questions and more will be answered in this information-packed program! Don’t put your company at risk!
Pre-employment screening in general, and use of criminal background checks in particular have become "hot button" issues and promises to remain so in the future.
While Congress keeps working to pass a federal "Ban the Box" law, some states have passed legislation limiting when and how employers may conduct pre-employment screening, including inquiries into an applicant's criminal history, and when and how employers may use such information to make hiring decisions. County and municipal governments have also hopped on the bandwagon in those states that do not have "ban the box" legislation and passed their own local ordinances.
Under the federal Fair Credit Reporting Act an employer using a third-party agency to conduct criminal background and credit checks must adhere to very specific procedural requirements or risk penalties imposed by the Consumer Protection Financial Bureau (CFPB) or class action lawsuits.
If that's not enough, the EEOC has weighed in, contending that under certain circumstances, the use of criminal background checks may actually violate the anti-discrimination provisions of Title VII of the Civil Rights Act of 1964. Judging from its litigation activity, the EEOC is getting increasingly aggressive in its efforts.
Those are just some laws that impact how and when you, the employer, can conduct your due diligence and ensure you make the right hiring decisions.
Seminar Fee Includes:
USB with seminar presentation
Hard copy of presentation
$100 Gift Cert for next seminar
|DAY ONE - FLSA Classification Issues(8:30 AM – 4:00 PM)
||DAY TWO - Rate, Pay, Work Time, Litigation, Best Practices (8:30 AM – 4:00 PM)
Registration Process: 8:30 AM – 9:00 AM
Session Start Time: 9:00 AM
- 9:00 AM - 9:30 AM
- Defining the work needed;
- Write/update job descriptions;
- Hiring options
- Outside contractor?
9:45 AM - 10:15 AM
- Internal Hire?
- External hire?
Hiring – (WHO/HOW)
- Who is your ideal candidate?
- How will you find the candidate?
- What negative criminal/credit issues are job or business-related? How far back will you go?
- What will your background check include?
- Some other points:
10:15 AM - 11:30 AM
- Employment at will;
- Should you use an application?
- Brief word about the ADA & screening;
- Title VII;
Pre-Employment Screening and Legal Issues;
11:30 AM - 12:00 PM
- Pre-Employment Tests;
- Medical Exams:
- Interview Questions;
- Use of social media
Reference Checks – How, do’s and don’ts
12:00 PM - 1:15 PM
1:15 PM - 2:30 PM
Negligent Hiring and Vicarious Liability
2:30 PM - 2:45 PM
- What is negligent hiring?
- Case examples
- What is vicarious liability?
- Case examples
- Inside the scope of employment vs. outside scope of employment
- Case studies/hypotheticals
2:45 PM - 4:00 PM
- Recap: What’s included in a background check;
- NASA Case
- What happens with temporary workers or outside contractors?
- Begin brief discussion of applicable laws:
- FCRA (federal and state)
- Ban the Box
- EEOC Enforcement Guidance
- 8:30 AM - 10:00 AM
FCRA, FACTA and state laws
- 10:00 AM - 10:15 AM
- 10:15 AM - 11:15 AM
Case examples and Interactive Case Study On FCRA, FACTA issues.
- 11:15 AM - 12:00 PM
“Ban the Box”
- 12:00 PM - 01:15 PM
- 01:15 PM - 02:30 PM
- Title VII
- Discrimination: Disparate Treatment v Disparate Impact
- Griggs v Dukes Power Co
- Pre-Enforcement Guidelines Cases
- Green v MOPAC
- El v SEPTA
- EEOC pre-2012 guidelines
- 2:30 PM - 2:45 PM
- 2:45 PM - 3:30 PM
EEOC 2012 Enforcement Guidance – and Best Practices Section; EEOC Cases
- 3:30 PM - 4:00 PM
Recap – DO’s and Don’ts
Meet Your Instructor
||Janette Levey Frisch, Esq,
Employment/HR Attorney| Founder, The EmpLAWyerologist Firm
Janette is an attorney with more than 20 years’ legal experience.
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 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. You can buy the book at Amazon or Barnes & Noble, and you can download Janette’s piece,” Could Your Tried-and-True Hiring Practices Expose You to Employment Litigation?”, one of many invaluable tools offered as an adjunct to the book.
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