Criminal Background Checks in the Hiring Process - What Every Employer Needs to Know -EEOC, FCRA, FACTA & Negligent Hiring and Vicarious Liability
Hiring employees has always involved risk, has always presented challenges to employers. Yet today, many employers feel that
it's more challenging than ever to find and hire the right people. Not only do you need to ensure the right fit, but there are also about federal and state laws and regulations, concerns about discrimination and privacy. Without exercising due diligence in hiring, you risk mistakes that can result in legal and financial nightmares including workplace violence, unqualified employees, and theft and litigation for negligent hiring. Many employers use attempt to minimize their risks through their pre-employment screening, which often includes criminal background checks. At the same time though, failure to follow legally complaint hiring practices can result in regulatory actions and class action lawsuits. So,
what's an employer to do?
In this live, interactive two-day seminar we will explore key issues and concerns for employers regarding their pre-employment screening processes in general, and criminal background checks in particular. You will learn about the latest developments and you will gain some insight as to how you might stay ahead of the curve in dealing with changing legal developments that impact how you screen your applicants and employees.
Pre-employment screening in general, and use of criminal background checks in particular have become "hot button" issues and promises to remain so in the future.
While Congress keeps working to pass a federal "Ban the Box" law, some states have passed legislation limiting when and how employers may conduct pre-employment screening, including inquiries into an applicant´s criminal history, and when and how employers may use such information to make hiring decisions. County and municipal governments have also hopped on the bandwagon in those states that do not have "ban the box" legislation and passed their own local ordinances.
Under the federal Fair Credit Reporting Act an employer using a third-party agency to conduct criminal background and credit checks must adhere to very specific procedural requirements or risk penalties imposed by the Consumer Protection Financial Bureau (CFPB) or class action lawsuits.
If that´s not enough, the EEOC has weighed in, contending that under certain circumstances, the use of criminal background checks may actually violate the anti-discrimination provisions of Title VII of the Civil Rights Act of 1964. Judging from its litigation activity, the EEOC is getting increasingly aggressive in its efforts. Those are just some laws that impact how and when you, the employer, can conduct your due diligence and ensure you make the right hiring decisions.
AGENDA Day 1 – FLSA Classification Issues
8:30 – 9:00 AM: Registration/Coffee/Introductions/Networking?
9:00 AM - 9:30 AM
Defining the work needed;
Write/update job descriptions;
9:45 AM - 10:15 AM
Hiring – (WHO/HOW)
Who is your ideal candidate?
How will you find the candidate?
What negative criminal/credit issues are job or business-related? How far back will you go?
What will your background check include?
Some other points:
Employment at will;
Should you use an application?
Brief word about the ADA & screening;
10:15 AM - 11:30 AM
Pre-Employment Screening and Legal Issues;
Use of social media
11:30 AM - 12:00 PM Reference Checks – How, do’s and don’ts
12:00 PM - 1:15 PM Lunch
1:15 PM - 2:30 PM
Negligent Hiring and Vicarious Liability
What is negligent hiring?
What is vicarious liability?
Inside the scope of employment vs. outside scope of employment
2:30 PM - 2:45 PM Break
2:45 PM - 4:00 PM
Recap: What’s included in a background check;
What happens with temporary workers or outside contractors?
Begin brief discussion of applicable laws:
FCRA (federal and state)
Ban the Box
EEOC Enforcement Guidance
AGENDA Day 2 – Rate, Pay, Work Time, Litigation, Best Practices
8:30 AM - 10:00 AM FCRA, FACTA and state laws
10:00 AM - 10:15 AM BREAK
10:15 AM - 11:15 AM Case examples and Interactive Case Study On FCRA, FACTA issues.
11:15 AM - 12:00 PM “Ban the Box”
12:00 PM - 01:15 PM Lunch
01:15 PM - 02:30 PM
Discrimination: Disparate Treatment v Disparate Impact
Griggs v Dukes Power Co
Pre-Enforcement Guidelines Cases
Green v MOPAC
El v SEPTA
EEOC pre-2012 guidelines
2:30 PM - 2:45 PM BREAK
2:45 PM - 3:30 PM EEOC 2012 Enforcement Guidance – and Best Practices Section; EEOC Cases
3:30 PM - 4:00 PM Recap – DO’s and Don’ts