Performing Background Checks and Using Criminal Records
Friday, September 28
12:00 - 1:00pm Online
Qualifies for 1 California (CA) Recertification Credit / 1 SHRM PDC
Navigate the tricky waters as an employer, and glean tools for the fair and proper use of criminal records while complying with federal, state and local laws.
The use of criminal records by employers in the hiring process has become a hot-button issue. On one hand, employers concerned about negligent hiring and workplace safety can be sued if they hire someone with an unsuitable criminal record that causes harm. However, society has a vested interest in ensuring that ex-offenders have a “second chance” to obtain suitable employment and become law-abiding citizens. In addition, California employers must not only follow the Federal Fair Credit Reporting Act (FCRA) when performing background checks, but also must comply with a host of “only in California rules,” that impact background screening and the use of criminal records, including local county rules such as San Francisco “Ban the Box.”
Every employer also needs to be aware of the guidance adopted in 2012 by the EEOC on the non-discriminatory use of criminal records. Adding to the complexity is that criminal records and identification of offenders are not perfect, mistakes can be made, and there are shortcuts that should be avoided. By participating, you will:
Learn why employers are concerned with criminal records and how they are obtained, interpreted and used legally and fairly.
Understand laws impacting the use of criminal records such as California statewide and local “Ban-the-Box” and “Fair Chance” Hiring laws, and the impact of the EEOC Guidance in considering criminal records.
Learn why California is different than the rest of the country when it comes to background screening, and how California-specific rules can impact your due diligence processes and create legal risks if not taken into account.
There will be a short demo and the end of the presentation with John Breslin from HR360 on how to utilize NCHRA’s exclusive, member-only HR360 tools and resources on this topic.
ABOUT THE PRESENTER
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.
He is the author of, “The Safe Hiring Manual -- The Complete Guide to Employment Screening Background Checks for Employers, Recruiters, and Job Seekers,” the first comprehensive book on employment screening. He has also written, “The Safe Hiring Audit,” published in 2008.
Lester 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. See: http://www.esrcheck.com/Tools-Resources/Event-Calendar/
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.