EEOC Criminal Record Guidance Examined in Webinar on March 20

EEOCGavel

Written By ESR News Blog Editor Thomas Ahearn

To help employers comply with U.S. Equal Employment Opportunity Commission (EEOC) guidelines, Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will present a webinar with Clear Law Institute title “Practical Steps Employers Can Take to Comply with the New EEOC Criminal Record Guidance.” The webinar will take place Friday, March 20, 2015 from 3:00 PM to 4:15 PM ET. For more information, visit http://clearlawinstitute.com/shop/webinars-and-seminars/practical-steps-employers-take-comply-new-eeoc-criminal-record-guidance/.

On April 25, 2012, the EEOC – the agency that enforces federal laws prohibiting employment discrimination – 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. Since the EEOC has already filed lawsuits against employers for the discriminatory use of criminal records, Rosen will show how to demonstrate compliance with the EEOC guidance by following a set of practical steps that identify potential problem areas. The EEOC Guidance is at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm.

In the webinar, Rosen – author of “The Safe Hiring Manual” – will provide real world examples and suggestions on what employers should do now to comply with EEOC Guidance while performing criminal background checks. Attendees will learn:

  • 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 hiring criminal records.
  • Criticisms of the new EEOC Guidance.
  • The Good, the Maybe Good, and the Challenging stemming from the new EEOC Guidance.

At the end of the session, attendees will have a road map for action items you can implement immediately to demonstrate legal compliance. The webinar has been approved by the HR Certification Institute (HRCI) for 1.25 hours of general recertification credit. Clear Law Institute is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP or SHRM-SCP.  This webinar qualifies for 1.25 PDCs.

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 was the chair of the steering committee that founded NAPBS and served as first co-chair. He is a frequent presenter on employment screening topics for “ESR Speaks” and his speaking appearances have included numerous national and statewide conferences. He also qualified as an expert witness on issues surrounding safe hiring. To learn more about ESR, call toll free 888.999.4474 or visit http://www.esrcheck.com.

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