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Ban-The-Box, Background Checks, And Salary Inquiries: The Latest Update And Legal Tripwires To Avoid

Webinar: ID# 1032109
Recorded On-Demand
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About This Course:
The proposed federal Fair Chance Act would prohibit federal agencies and federal contractors from asking a job applicant to disclose criminal history record information before a conditional offer of employment is made. And, while the fate of the federal legislation remains to be seen, a number of cities and states have already taken the opportunity to enact their own “ban-the-box” laws, which bar employers from asking about applicants’ criminal records.

But, employers are still entitled to do background checks before actually hiring someone. So, what can you do to prescreen potential employees while still staying within the law? It’s not simple, but it is doable! You need to consider all the moving parts that may be present at the local, state, and national level.

Also, it’s important to note that some cities and states bar prospective employers from asking about a candidate’s salary history. While the purpose of this restriction is to level the playing field so that prospective employees get a fair shake on salary parity, it can create headaches for HR.

Don’t take a chance on whether your organization’s pre-employment screening practices could subject you to legal liability and costly penalties. Join us to learn the pertinent laws on screening and salary inquiries, how to comply with those laws, and how to conduct effective (and legal) background checks.

You’ll learn:
  • The latest updates on ban-the-box laws, salary inquiry restrictions, and other laws that affect background checks of prospective hires
  • Questions you can ask relating to criminal convictions—and when
  • The role of the EEOC in the use of criminal records including the EEOC Guidance on criminal records issued in 2012
  • How the federal Fair Credit Reporting Act (FCRA) impacts employee background checks
  • The importance of both employer due diligence and providing ex-offenders with a second chance
  • Best practices for reviewing job advertisements, employment applications, and other hiring-related documentation
  • How to handle tricky questions relating to salary, and the laws you need to be aware of
  • Best practices for ensuring compliance when your company operates across multiple states or cities, which may have varying requirements concerning ban-the-box
  • Whether you have to explain if you decide against hiring someone because of a criminal record—and why
  • How many years back you can go when doing background checks
  • How to establish background check policies that link the decision-making to job descriptions
  • How to avoid “red flag” issues that could result in disparate treatment or disparate impact
  • The importance of individualized assessments to avoid discrimination claims
About Your Presenter

Lester S. Rosen, Esq.
Founder & CEO
Employment Screening Resources

Attorney Lester S. Rosen is Founder & CEO of Employment Screening Resources® (ESR), a global background check firm located in the San Francisco, California-area that is accredited by the National Association of Professional Background Screeners (NAPBS). He is a nationally recognized background check expert and the author of The Safe Hiring Manual, the first comprehensive guide to employment screening. He is a frequent presenter on safe hiring issues, and his speaking appearances for "ESR Speaks" include numerous state and national conferences.

He holds the highest attorney rating of A.V. in Martindale-Hubbell. He has served as an adjunct professor of law teaching criminal law and procedure at Hastings College of the Law, and has served as faculty member and program chairman of the nationally recognized Hastings College of Trial Advocacy.

Mr. Rosen has qualified and testified in the California, Florida, and Arkansas Superior Court as an employment screening expert on issues surrounding safe hiring and due diligence.

He was the chairperson of the steering committee that founded the NAPBS, a professional trade organization for the screening industry. He was also elected to the first board of directors and served as the first co-chair in 2004. As a background screening expert, he has been quoted by USA Today, Businessweek, Reuters, Christian Science Monitor, HR Magazine, and numerous newspapers, web sites, and trade journals across the United States.

Mr. Rosen created a comprehensive Online Safe Hiring Certification Course, and narrated the training video "Safe Hiring: How You Can Avoid Bad Hires" by Kantola Productions. He has written numerous articles and whitepapers on the subject of employment screening and selects the annual ESR Top Ten Background Check Trends.

Mr. Rosen has authored a module of the Global HR Practitioner Handbook Volume 3 published by Global Immersion Press titled “Criminal History Screening of Global Job Applicants: Hidden Dangers Employers Should Know.” He co-authored the ‘International Employment Background Checks’ module in the Global HR Practitioner Handbook Volume 2 from Global Immersion Press.

Mr. Rosen has also been active in working on legislation in California, and in 2002, he worked with the California legislature to amend AB 655, a law that adversely affected employers in the area of reference checks and hiring in California.
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Ban-The-Box, Background Checks, And Salary Inquiries: The Latest Update And Legal Tripwires To Avoid
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