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Written By ESR News Blog Editor Thomas Ahearn
Attorney Lester Rosen, the founder and Chief Executive Officer (CEO) of leading global background check provider Employment Screening Resources® (ESR), will present a live webinar titled “Background Check-Related Legal Risks: How to Comply with Ban-the-Box and Other New Developments” produced by Business & Legal Resources (BLR) on Tuesday, December 10, 2019, from 10:30 a.m. to 12:00 p.m. PT.
In August of 2019, the U.S. Court of Appeals for the Fifth Circuit upheld an injunction that barred the U.S. Equal Employment Opportunity Commission (EEOC) – which enforces laws prohibiting employment discrimination – from enforcing the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” in Texas.
While a federal court is upholding an employer’s right to use criminal background checks in Texas, other states continue to enact “ban-the-box” and salary history ban laws. Rosen – author of ‘The Safe Hiring Manual’ – will explain the practical impact the Fifth Circuit’s decision may have on employers and the key issues to keep a close watch on at the state level. Attendees of the webinar will be able to:
- Legally ask questions about criminal convictions generally – and know what’s always off limits.
- Comply with EEOC rules concerning employee background checks.
- Legally conduct background screenings without violating the Fair Credit Reporting Act (FCRA).
- Audit your job advertisements, employment applications and other related forms to identify risks and correct them before they cause you legal headaches.
- Handle tricky questions around salary – and determine which states currently ban salary history inquiries and which ones are considering similar legislation right now.
- Ensuring compliance when your company operates across multiple states or cities, which may have varying requirements concerning criminal history, ban-the-box, and salary history inquiries.
- Respond when someone asks if they weren’t hired because of a criminal record.
- Establish background check policies that link the decision-making to job descriptions.
- Avoid “red flag” issues that could result in disparate treatment and disparate impact
The webinar is approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute (HRCI). Business & Legal Resources (BLR) is recognized by the Society for Human Resource Management (SHRM) to offer Professional Development Credits (PDCs) and the webinar is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP. To register for the webinar, click here.
Rosen founded Employment Screening Resources® (ESR) in Northern California in 1997 and has spoken at conferences nationwide. He was the chairperson of the steering committee that founded the Professional Background Screening Association (PBSA) and served as the first co-chair. ESR is a founding member of – and accredited by – the PBSA. To learn more about ESR, visit www.esrcheck.com.
Employment Screening Resources® (ESR) – a leading global background check provider – offers blogs about new developments in ban-the-box and salary history legislation, and also provides a Ban the Box Resource Page that contains complimentary white papers, infographics, and an interactive map updated with the latest laws at www.esrcheck.com/Legislative-Compliance/Ban-the-Box/.
NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
© 2019 Employment Screening Resources® (ESR) – Making copies or using of any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.
