Background Check Expert Reviews EEOC Criminal Record Guidance

Written By Thomas Ahearn

ESR CEO Attorney Lester RosenIn April 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. Attorney Lester Rosen, CEO of Employment Screening Resources® (ESR), will present an Audio Conference titled ‘Complying With The New EEOC Criminal Record Guidance’ with HRTrainingCenter.com on Wednesday, July 9, 2014 from 2:00 p.m. to 3:30 p.m. Eastern. For more information, visit http://hrtrainingcenter.com/showWCDetails.asp?TCID=1013560.

“The EEOC guidance may well have a profound impact on how employers in America hire,” says Rosen, a background check expert and author of ‘The Safe Hiring Manual,’ a comprehensive guide to employment screening.

In this training session – which has been approved for 1.5 recertification PHR / SPHR credit hours through the HR Certification Institute – Rosen will present an audio conference that goes beyond simply repeating the EEOC Guidance language and give “real world” examples on what employers should do now to remain in compliance while performing criminal background checks. At the end of the session, attendees will have a road map for action items they can implement immediately to demonstrate legal compliance with the EEOC, the agency that enforces federal laws prohibiting employment discrimination. Learning objectives 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.
  • The Good, the Maybe Good, and the Challenging stemming from the new EEOC Guidance.

Rosen founded Employment Screening Resources® (ESR) in 1997 and the firm is accredited by the National Association of Professional Background Screeners® (NAPBS). He was chairperson of the steering committee that founded the NAPBS, a professional trade organization for the screening industry. He is a frequent presenter on employment screening and safe hiring issues and his speaking appearances include numerous national and statewide conferences. He also has qualified as an expert witness on issues surrounding safe hiring and due diligence. For more information about Employment Screening Resources® (ESR), visit http://www.esrcheck.com, call Toll Free 888.999.4474, or email sales@esrcheck.com.