ESR Check Logo
Search ESRCheck.com
The Background Check Authority ®
ESR Support: 888.999.4474

Background Checks in California - The Lowdown on Recently Passed Legislation

BLR/HR Hero Webinar

March 20, 2012


URL: http://store.hrhero.com/events/audio-conferences-webinars/ca-background-checking

Title: "Background Checks in California: Recently Passed Legislation, How to Legally Use Credit Inquires, and More"

Date: Tuesday, March 20, 2012

Time: 1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific

Speaker: Lester S. Rosen, Attorney at Law and CEO of Employment Screening Resources (ESR)

Subject: Conduct legally sound background checks. Learn the legal dos and don'ts for uncovering background information on employees and job applicants.

Related Article “Background Checks in California: Compliance with a Whole Different Set of Rules than the Rest of the Country” by Lester Rosen at: http://www.esrcheck.com/articles/California-Employment-Screening-Background-Checks.php.

Short Summary:

The EEOC has employee and job applicant background checks in its enforcement cross hairs. Is it an unjust –- and possibly unlawful -– Catch-22 when a job-seeker can’t get work because of something that happened in his past? Or does a background check provide valuable information that accurately predicts an applicant’s reliability? How can you use background checks without risking a discrimination claim?

At least two employers have been sued by the agency, and over 20 states are proposing laws to banish or restrict the practice. So does that mean you shouldn't conduct background checks? Not necessarily. Done legally, background checks can be an effective screening tool to find candidates who are the right fit for your organization.

Participate in this interactive webinar, and you'll learn:

  • The practical implications of A.B. 22 -- and the short list of circumstances when credit checks on applicants and employees may still be permissible in California.
  • What you must do before conducting a credit check if an exception to the general rule barring the inquiry exists.
  • The impact of S.B. 909, and the additional procedures required if you use a background firm that offshores any personal information for processing a background check.
  • How to comply  with numerous other “only in California” rules affecting the use of criminal records.
  • The forms and procedures required for legal background checks.
  • Types of background checks that are absolutely recommended for all employers.
  • How to use public records as an effective tool for conducting background checks and what you should be looking for and much more...

Overview:

Not long ago, the EEOC filed a complaint against Freeman Companies, a Dallas-based corporate event-planning company, claiming that the employer’s use of credit histories and criminal background checks discriminates against black, Hispanic, and male job applicants in violation of Title VII. They later sued Kaplan Higher Education, for the same reason.

So where do these lawsuits leave you? Should you conduct background checks? How can you be sure such a check is appropriate and reliable? How can you be certain you're not vulnerable to lawsuits?

Learn the legal dos and don'ts for uncovering background information on employees and job applicants by participating in the interactive HR Hero webinar "Background Checks in California: Recently Passed Legislation, How to Legally Use Credit Inquires, and More."

Your webinar presenter, Lester Rosen, is both an attorney and an experienced background checks expert who will explain exactly what you should - and shouldn't - try to track down.

Webinar Take-Aways:

  • The practical implications of A.B. 22 -- and the short list of circumstances when credit checks on applicants and employees may still be permissible in California.
  • What you must do before conducting a credit check if an exception to the general rule barring the inquiry exists.
  • The impact of S.B. 909, and the additional procedures required if you use a background firm that offshores any personal information for processing a background check.
  • How to comply  with numerous other “only in California” rules affecting the use of criminal records.
  • The forms and procedures required for legal background checks.
  • Types of background checks that are absolutely recommended for all employers.
  • How to use public records as an effective tool for conducting background checks and what you should be looking for.

Full Webinar Details:

If you don’t already run background checks, you should. It’s an opportunity to investigate whether applicants have lied, stolen, cheated, been violent, or otherwise engaged in unacceptable behavior. It’s also a way to defend against a negligent hiring claim in the event you hire someone with a clean slate who later takes a turn for the dark side.

Fortunately, there are many tools you can legally use to conduct thorough background checks on your job applicants. But you need to know the legal parameters within which you can dig for dirt.

It’s also important to know the procedures to follow once you decide you aren’t going to hire someone because of the information you’ve uncovered -- missteps at this point in the game make you especially vulnerable to failure-to-hire bias claims.

Don't risk problem employees and discrimination claims -- conduct smart background checks to help ensure good, safe hires.

Participate in this interactive and timely webinar and learn:

  • The practical implications of A.B. 22 -- and the short list of circumstances when credit checks on applicants and employees may still be permissible in California.
  • What you must do before conducting a credit check if an exception to the general rule barring the inquiry exists.
  • The impact of S.B. 909, and the additional procedures required if you use a background firm that offshores any personal information for processing a background check.
  • How to comply  with numerous other “only in California” rules affecting the use of criminal records.
  • Where federal law stands on performing credit checks and what you can do to stay on its good side.
  • Which states currently limit the use of credit checks in employment.
  • Upcoming legislation in the works regarding background and credit checks.
  • Ins and outs of the Fair Credit Reporting Act.
  • Legally sound ways to conduct internet searches on potential employees.
  • How to use public records as an effective tool for conducting background checks and what you should be looking for.
  • Limitations the law places on using information gleaned from applicants’ and employees’ behavior on social-networking sites.
  • Types of background checks that are absolutely recommended for all employers.
  • What tools you can use in-house to increase the chances of hiring safe and qualified employees, including the application, interview, and past employment check process.
  • Technology's impact on background checks.
  • How to prepare for new employment screening trends in 2012 and beyond.

In just 90 minutes, you'll understand the legal dos and don'ts for conducting background checks on employees and job applicants. Register now for this informative event for HR professionals in California.

Speaker Bio:

Lester S. Rosen is an attorney at law and CEO of Employment Screening Resources (ESR) –  http://www.ESRcheck.com – a nationwide background screening company accredited by the National Association of Professional Background Screeners (NAPBS).  He is the author of “The Safe Hiring Manual,” the first comprehensive book on employment screening, and “The Safe Hiring Audit.” He is also a consultant, writer, and frequent presenter nationwide on pre-employment screening and safe hiring issues. His speaking appearances have included numerous national and statewide conferences. He has qualified and testified in the California, Florida, and Arkansas Superior Court as an employment screening expert on issues surrounding safe hiring and due diligence. In 2000, he testified as an expert on background screening on behalf of the plaintiff in a case where the jury awarded 9.3 million dollars to the family of a doctor murdered by a carpet cleaner who was hired without any background investigation. Mr. Rosen was  also the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS), and served as the first co-chairman.

 

 


« Back to Calendar

Certified with the National Association of Professional Background Screeners ESR's SOC 2 Audit Report confirms it meets high standards set by the American Institute of Certified Public Accountants (AICPA) for protecting customer information PCI-DDS Compliance Privacy Shield Framework Services Perfromed in the USA Safe Hiring Manual Founding Member of the National Association of Professional Background Screeners