Criminal Background Checks in the Hiring Process

01:00 PM ET | 10:00 AM PT | 12:00 PM CT Duration 60 Minutes

This activity has been approved for 1 HR (General) recertification credit hours toward aPHR, PHR, PHRca, SPHR, GPHR, PHRi and SPHRi recertification through HR Certification Institute (HRCI). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org

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Employees are likely to be honest, reliable

Description

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 underperformed 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. 

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).

Areas Covered

•      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).

Who will Benefit

•      Hiring Managers
•      HR Executives
•      Risk Managers
•      HR Supervisors
•      Business Owners
•      General Managers
•      Human Resource Managers / Administration
•      Office Managers
•      Compliance Officers
•      Safety Officers
•      Recruiters

Industries who can attend

This 60-minute online course is intended for professionals in the All industries and companies .


Speaker Profile

Janette Levey Frisch

Janette Levey Frisch,employment and hr attorney

Janette Levey Frisch is the 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.

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