Legally Obtaining and Using Criminal Records, and the Impact of the EEOC and Ban the Box

The U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination, approved an updated ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.’ This Guidance is having a profound impact on how employers in America hire. In addition, states and local jurisdictions are passing “Ban the Box” rules that will impact how employers do background checks and can obtain and utilize criminal records.

In this webinar, our expert will present "real world" examples and suggestions on what employers should do now to remain in compliance while performing criminal background checks. Employers first need to understand the basics of how the criminal justice system works, what records are available, and how to legally obtain and use them. The speaker will outline steps and tools employers can implement immediately at no cost to demonstrate good faith compliance with rules governing criminal records. Attendees of this webinar will have a roadmap for action items they can implement immediately to demonstrate legal compliance when it comes to criminal background checks.

• Understand longstanding court decisions and existing EEOC Guidance documents.
• Review issues concerning employment discrimination based on race and national origin.
• Discuss the differences between arrest and conviction records.
• Review the basics of how criminal records are maintained, what records are available to employers, and how background firms obtain criminal records.
• Understand why Ban the Box rules are needed to give ex-offenders a second chance and how employers can comply with the legal requirements.
• Review disparate treatment and disparate impact analysis under Title VII.
• Discuss the 2012 EEOC Guidance and critical topics such as the three-part “Targeted Screens” and “Individualized Assessments”.
• Examine recommended best practices for compliance with the EEOC Guidance.