Criminal Background Checks in the Hiring Process

On Demand Webinar Duration 90 Minutes Credits HRCI 1 & SHRM 1 PDCs

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Speaker:Janette Levey Frisch is the founder of The EmpLAWyerologist Firm, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law

Area Covered

• Why You Should Conduct Criminal Background Checks.
• What is Negligent Hiring/Retention, Cases of Negligent Hiring/Retention
• What is the Fair Credit Reporting Act (FCRA)?
• How do you comply with the FCRA?
• Cases involving the FCRA
• Fair and Accurate Credit Transactions Act (FACTA)
• Equal Employment Opportunity Commission’s (EEOC) position on criminal background checks
• EEOC’s pre-2012 guidelines
• EEOC’s 2012 Enforcement Guidance
• EEOC Cases
“Ban the Box” Laws
Other considerations (workplace safety/violence issues, workers’ comp).

Overview:

Most of your employees are likely to be honest, reliable employees. At the same time, hiring employees always involves at least some risk. Are they honest? Are they reliable? Are you, your employees and the public safe if you hire them? Hopefully your worst hire was simply someone who underperformed or wasn’t a match for your company. What if it’s worse, though? What if an employee unfortunately becomes violent with co-workers or unsuspecting members of the public, or steals from you or others? You can then be liable for negligent hiring or retention of those employees if a criminal background check would have revealed this information. On the other hand, the federal Equal Employment Opportunity Commission and Consumer Financial Protection Bureau and many of their state and local counterparts are scrutinizing if, how and when you may conduct and use information you obtain from criminal background checks in the hiring process

Why should you attend

Background checks, used correctly, are an invaluable tool for ensuring a safe, reliable workforce –and avoiding negligent hiring liability. At the same time, the use of criminal background checks in the hiring process is creating an increasing exposure to liability. The Equal Employment Opportunity Commission (EEOC) is aggressively pursuing this issue to ensure the practice does not have a disparate impact on minority applicants. Plaintiffs' class action attorneys are pursuing employers nationwide for failing to conform their background check process with the dictates and protections of the federal Fair Credit Reporting Act (FCRA).

Who will Benefit

• Hiring Managers
• HR Executives
• Risk Managers
• HR Supervisors
• Business Owners
• General Managers
• Human Resource Managers / Administration
• Office Managers
• Compliance Officers
• Safety Officers
• Recruiters

This activity has been approved for 1 HR (General) recertification credit hours toward aPHR, PHR, PHRca, SPHR, GPHR, PHRi and SPHRi recertification through HR Certification Institute (HRCI). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org

This program is valid for 1 PDCs for the SHRM-CP® or SHRM-SCP®


Your Instructor


Janette Levey Frisch
Janette Levey Frisch

Janette is an attorney with more than 20 years legal experience. Janette works in her own law practice with employers on most employment law issues, acting as the Employer's Legal Wellness Professional - to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm's weekly blog and has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette is licensed in New Jersey and New York. In addition, Janette serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Janette is a member of the Workplace Violence Prevention Institute, a task force that serves as a resource to employers committed to taking a proactive, holistic approach to preventing and appropriately responding to the growing threat of workplace violence. Janette is also a contributor to the recently released book, "Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition", published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.

Janette serves as a member of the Workplace Violence Prevention Institute, an interdisciplinary task force dedicated to providing cutting-edge holistic solutions to the increasing concern over workplace safety and workplace violence prevention.


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