Background Checks and Ban the Box How to Effectively Pre-screen and Stay within the Law
July 25, 2017
Event: BLR Webinar
Title: Background Checks and Ban the Box — How to Effectively Pre-screen and Stay within the Law
Date/Time: Tuesday, July 25, 2017, 1:30 p.m. to 3:00 p.m. Eastern/10:30 a.m. to 12:00 p.m. Pacific
Speaker: Lester S. Rosen, Esq. Founder & CEO, Employment Screening Resources
It’s common sense for employers to prescreen their potential employees. You don’t want any unwelcome surprises, especially when the safety of your organization and your other employees is at stake. And there are typically a number of background checks employers can legally perform to get a good idea of who the prospective hire is. But lately a number of states have enacted “ban-the-box” legislation, which prohibits employers from requiring that applicants check a box on the application that designates whether they have ever been arrested for a criminal offense. The federal Fair Chance Act prohibits an executive agency from “requesting an applicant for federal employment to disclose criminal history record information before a conditional offer of employment is made to the applicant.” This Act is being taken up by a number of cities and states, and is known as “ban-the-box.” Background checks that use an outside company also must comply with the Fair Credit Reporting Act (FCRA) and comply with federal non-discrimination laws. Don’t take a chance on whether your organization’s pre-employment screening practices could subject you to legal liability and costly penalties. Get the latest information on the policy-based and procedural safeguards you should have in place so your pre-employment hiring practices don’t result in disparate impact or discrimination claims because of how you approach issues like an applicant’s criminal history.
Attorney Lester S. Rosen is Founder & CEO of Employment Screening Resources® (ESR), a global background check firm located in the San Francisco, California-area that is accredited by the National Association of Professional Background Screeners (NAPBS). He is a nationally recognized background check expert and the author of The Safe Hiring Manual, the first comprehensive guide to employment screening. He is a frequent presenter on safe hiring issues, and his speaking appearances for "ESR Speaks" include numerous state and national conferences. He holds the highest attorney rating of A.V. in Martindale-Hubbell. He has served as an adjunct professor of law teaching criminal law and procedure at Hastings College of the Law, and has served as faculty member and program chairman of the nationally recognized Hastings College of Trial Advocacy. In 1996, Mr. Rosen joined with an established background and corporate security agency, the Doane Agency, to create a new firm in 1997, Employment Screening Resources® (ESR) (a division of a California Corporation), dedicated to promoting a safe and profitable workplace for both employers and employees. Mr. Rosen 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. He was the chairperson of the steering committee that founded the NAPBS, a professional trade organization for the screening industry. He was also elected to the first board of directors and served as the co-chair in 2004. As a background screening expert, he has been quoted by USA Today, Businessweek, Reuters, Christian Science Monitor, HR Magazine, and numerous newspapers, web sites, and trade journals across the United States. Mr. Rosen created a comprehensive Online Safe Hiring Certification Course, and narrated the training video "Safe Hiring: How You Can Avoid Bad Hires" by Kantola Productions. He has written numerous articles and whitepapers on the subject of employment screening and selects the annual ESR Top Ten Background Check Trends. Mr. Rosen has authored a module of the Global HR Practitioner Handbook Volume 3 published by Global Immersion Press titled “Criminal History Screening of Global Job Applicants: Hidden Dangers Employers Should Know.” He co-authored the ‘International Employment Background Checks’ module in the Global HR Practitioner Handbook Volume 2 from Global Immersion Press. Mr. Rosen has also been active in working on legislation in California, and in 2002, he worked with the California legislature to amend AB 655, a law that adversely affected employers in the area of reference checks and hiring in California.