EEOC Criminal Background Checking Guidelines
2013 SHRM NM Employment Law & Legislative Conference in Albuquerque, NM
February 25, 2013
Event: 2013 SHRM NM Employment Law & Legislative Conference in Albuquerque, NM
Presentation: Practical Steps to Comply with the New EEOC Criminal Record Guidance
Day and Time: Monday, February 25, 2013 from 2:00 PM to 3:15 PM MST
Speaker: Attorney Lester Rosen, CEO of Employment Screening Resources (ESR)
The U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination, approved on April 25, 2012 an updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. This Guidance may well have a profound impact on how employers in America hire.
In the session ‘Practical Steps to Comply with the New EEOC Criminal Record Guidance,’ Attorney and safe hiring expert Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will go beyond simply repeating the EEOC Guidance language and give “real world” examples and suggestions on what employers should do now to remain in compliance while performing criminal background checks. Topics covered in the session by Rosen, author of ‘The Safe Hiring Manual,’ include:
- Longstanding court decisions and existing EEOC Guidance documents
- Employment discrimination based on race and national origin, criminal records, and employer practices
- The differences between arrest and conviction records
- Disparate treatment and disparate impact analysis under Title VII
- Employer defenses the EEOC believes meet the “job related and consistent with business necessity” standard
- Compliance with other federal laws and/or regulations that conflict with Title VII
- State and local laws or regulations preempted by Title VII
- EEOC Guidance best practices for employers
- Option for handling questions about post criminal records
- Criticisms of the new EEOC Guidance
- What should employers do now?
At the end of the session, you will have a road map for action items you can implement immediately to demonstrate legal compliance.
Attorney Lester S. Rosen is Founder and CEO of Employment Screening Resources (ESR) and the author of “The Safe Hiring Manual,” the first comprehensive guide to background checks. He is a nationally recognized safe hiring expert who was the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) and served as the first co-chairman. He is a frequent presenter nationwide and his speaking appearances have included numerous national and statewide conferences for “ESR Speaks.”