How to Implement Criminal Background Checks without Violating Current Ban the Box Regulations

• OVERVIEW

Close to 90% of employers conduct background checks on some segment of their employees/job applicants. Conducting background checks is a normal part of business especially if you want to have a safe work environment and hire quality employees. Additionally, employers have the added pressure to ensure they avoid negligent hiring claims. Employers need to balance their concerns for hiring quality employees with compliance of fair hiring practices. The "Ban the Box" campaign has spread far and wide. It is not easy to navigate this landmine and stay within regulations.

• LEARNING OBJECTIVES
• What are the clear reasons for "Ban the Box" and how was it started
• What are the restrictions with "Ban the Box" and how can employers navigate the regulations
• Where in the applicant/candidate selection process is it ok to ask about criminal history?
• Implementing criminal background checks that will meet the "Ban the Box" initiatives and guidelines
• What steps can you take to ensure you are not charged with negligent hiring
• Provide an understanding of the EEOC guidelines and goals when it comes to background check screening
   
• WHY SHOULD YOU ATTEND

Prior to "Ban the Box" Initiatives (also called Fair Chance), effective 2012, the Equal Employment Opportunity Commission (EEOC) updated the "Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964". In this guidance, it was clear the position taken by the EEOC was to reduce discrimination against people who were convicted of crimes and served their time. The EEOC encourages employers to judge candidates not by their arrest or conviction record but by their qualification and ability to perform the job. One of the goals of the EEOC's guidance was to help people in demographic groups with higher incarceration rates (identified as Black and Latinos as per the EEOC) get jobs and not be excluded from the candidate pool due to a criminal history.

• AREAS COVERED

Employers need to be concerned about "not" considering candidates with criminal records in their employment pool as more states and employers "Ban the Box". It is critical for employers to be aware of which states have established laws eliminating this initiative which can impact them and have them at risk of violating the Title VII. Yes, employers can be sued! The objective of this course is to prepare employers in navigating the "Ban the Box" initiative by balancing the needs of the business with compliance of the regulations. The course will identify the process in selecting candidates based on the employee's experience and qualification instead of prejudging them based on their conviction. In addition, employers will have the opportunity to see what states require employers to adhere to the guidelines.

• WHO WILL BENEFIT?
• All Employers
• Business Owners
• Company Leadership
• Small business owners
• Managers/Supervisors
• Compliance professionals
• HR professionals