New EEOC Criminal Record Guidance Subject of Session at SHRM Conference in Albuquerque on February 25

Attorney Lester Rosen, a safe hiring expert and founder and CEO of background check firm Employment Screening Resources (ESR), will present a session titled ‘Practical Steps to Comply with the New Equal Employment Opportunity Commission (EEOC) Criminal Record Guidance’ at the 2013 Society for Human Resource Management (SHRM) NM Employment Law & Legislative Conference in Albuquerque, New Mexico on Monday, February 25, 2013 from 2:00 PM to 3:15 PM MST. For more information and to register for the SHRM conference, visit

On April 25, 2012, the EEOC – the U.S. agency that enforces federal laws prohibiting employment discrimination – approved 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 new EEOC Enforcement Guidance, which may well have a profound impact on how employers in America hire, is available at

In the session, Rosen 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 by Rosen 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, participants will have a road map for action items they can implement immediately to demonstrate legal compliance. The presenter Rosen is a nationally recognized safe hiring expert who is a frequent presenter nationwide at numerous conferences for ‘ESR Speaks.’ For information about future speaking events, visit

Rosen is also the author of ‘The Safe Hiring Manual – The Complete Guide to Employment Screening Background Checks for Employers, Recruiters, and Jobseekers’ (Facts on Demand Press). The 736 page book is a comprehensive guide for background checks that was updated for a 2nd edition published in October 2012. For more information, visit

Employment Screening Resources (ESR) – ‘The Background Check Authority’ – is a nationwide screening firm accredited by the National Association of Professional Background Screeners (NAPBS). For more information about background checks from ESR, visit at, call toll free 888.999.4474, or email


About Employment Screening Resources (ESR):

Founded by safe hiring expert Attorney Les Rosen in 1997, Employment Screening Resources (ESR) – ‘The Background Check AuthoritySM’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. To learn more about ESR, visit or call toll free 888.999.4474.

About ESR News:

The Employment Screening Resources (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at To subscribe to the ESR News Blog Feed, visit To subscribe to the complimentary ESRcheck Report monthly newsletter, please visit