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The Use of Criminal Records by Employers

November 22, 2016


Event: Webinar with Clear Law Institute

Session Title: The Use of Criminal Records by Employers: Staying Safe, Fair & Legal

When: Monday, November 22, 2016 from 3:00 pm to 4:30 pm Eastern Time

Speaker: Attorney Lester Rosen, Founder & CEO Employment Screening Resources (ESR)


Employers know that conducting criminal background checks is essential to hiring the best and minimizing negligent hiring liability. There has been a seismic shift in legislation and regulations surrounding the use of criminal records. Companies that have not adjusted their policies risk lawsuits including expensive class actions. Creating a compliant use policy is a necessity for any company who performs criminal background checks. 

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) – the agency enforcing federal laws against employment discrimination – issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.” Now more than ever employers need to be aware of EEOC Guidance on how to properly use criminal records when hiring. This webinar will go beyond simply repeating EEOC Guidance language and give “real world” examples on what employers should do now to remain in compliance while performing criminal background checks.

In addition, “Ban the Box” is a nationwide campaign by civil rights groups aimed at persuading employers to remove the check box that asks if applicants have a criminal record from their hiring applications. The Ban the Box movement is spreading rapidly across the United States. Currently, 20 states and more than 100 cities and counties have implemented Ban the Box policies to help people with criminal records overcome this barrier to employment. Companies such as Walmart, Target, Starbucks, Home Depot, and Bed, Bath & Beyond have joined the Ban the Box movement.

The object of this webinar is to help employers make sure their use of criminal record checks in hiring does not land them in court or under investigation. Attendees of the webinar will have a road map for action items they can implement immediately at no cost to demonstrate compliance. Employers will learn which EEOC and Ban the Box laws affect them and what should be in their criminal record policy.

  • Learn how the federal Fair Credit Reporting Act (FCRA) and state laws regulates the use of criminal records.
  • Understand the impact of the EEOC Guidance on the use of criminal records.
  • Learn why Ban the Box is reaching a national tipping point and what employers can do to prepare.
  • Learn steps to take to avoid inaccurate criminal results.
  • Audit your current practices for legal compliance.

About the Presenter:

Attorney Lester Rosen is founder and CEO of Employment Screening Resources (ESR), a nationwide background check firm accredited by the National Association of Professional Background Screeners (NAPBS). He is the author of "The Safe Hiring Manual," the first comprehensive guide to background checks, and a frequent speaker at national and statewide conferences on background check issues. He was the chairperson of the steering committee that founded the NAPBS and served as first co-chair. He also has qualified as an expert witness on issues surrounding due diligence.


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