<![CDATA[Attorney and safe hiring expert Lester Rosen, founder and CEO of nationwide background check firm Employment Screening Resources (ESR), will host a special “client only” webinar ‘Practical Steps Employers Can Take Today to Comply with the New EEOC Criminal Guidance’ on Thursday, May 31, 2012 from 11 AM to 12 PM Noon Pacific. The webinar will provide ESR clients a pathway to compliance with updated Equal Employment Opportunity Commission (EEOC) guidance on criminal records with templates and options through the proprietary ESR Assured ComplianceSM system to fulfill recommended EEOC best practices. ESR clients may register for the webinar is at: https://www.esrcheck.com/Newsletter/ESR-Speaks/Practical-Steps-Employers-Can-Take-Today-to-Comply-with-the-New-EEOC-Criminal-Guidance-139/. In addition to the “client only” webinar on May 31, Employment Screening Resources (ESR) will present a second webinar open to the general public on the EEOC Guidance hosted by Rosen on Thursday, June 14, 2012 from 11 AM to 12 Noon PM Pacific. Non-ESR clients may register for the ESR public webinar on the EEOC Criminal Guidance at: https://www2.gotomeeting.com/register/781044434. (ESR CLIENTS ONLY: Please register for the “client only” webinar at: https://www.esrcheck.com/Newsletter/ESR-Speaks/Practical-Steps-Employers-Can-Take-Today-to-Comply-with-the-New-EEOC-Criminal-Guidance-139/.) After registering for the webinars, registrants will receive a confirmation email containing information about joining the webinars. For those unable to attend the webinar, an on demand version of both the recorded “client only” webinar and recorded public webinar will be made available. “There have been a number of webinars about the new EEOC Guidance, but the ESR webinar for clients on May 31 goes beyond just what the EEOC did and answers the question of what should an employer do now,” states Brad Landin, President and Chief Compliance Officer of Employment Screening Resources (ESR). “This information is for ESR clients only. Our public seminar will not include access to specific templates and options which include, for example, tools to analyze every job, as well as tools needed to analyze potentially hundreds of criminal offenses that may impact elements of various jobs. Although non-ESR clients will not receive the ESR propriety tools, software, and templates to accomplish compliance, the public webinar will still provide an outline on concrete steps employers can take.” On April 25, 2012, the EEOC, the agency that enforces federal laws prohibiting employment discrimination, voted to update Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. In the webinars, Rosen will offer “real world” solutions on what employers should do now to remain in compliance with the EEOC while performing criminal background checks. Topics covered in the webinars 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;
- Individualized assessment of job applicants with criminal records;
- 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; and
- Links to EEOC Guidance materials and Q & A.
- Eliminate policies or practices that exclude people from employment based on any criminal record.
- Train managers, hiring officials, and decision makers about Title VII and its prohibition on employment discrimination.
- Develop a narrowly tailored written policy and procedure for screening applicants and employees for criminal conduct that would: Identify essential job requirements and the actual circumstances under which the jobs are performed; Determine the specific offenses that may demonstrate unfitness for performing such jobs (and identify the criminal offenses based on all available evidence); Determine the duration of exclusions for criminal conduct based on all available evidence (including an individualized assessment); Record the justification for the policy and procedures, and; Note and keep a record of consultations and research considered in crafting the policy and procedures.
- Train managers, hiring officials, and decision makers on how to implement the policy and procedures consistent with Title VII.
- Limit inquiries to records for which exclusion would be job related for the position in question and consistent with business necessity when asking questions about criminal records.
- Keep information about applicants’ and employees’ criminal records confidential and only use it for the purpose for which it was intended.