Does your application or hiring process include criminal background checks?
After years of debate, the EEOC just published controversial new guidance on employers’ use of background-check policies and practices. Are you sure you’re in compliance?
Pepsi thought it was. The company and its team of lawyers believed they were using background checks in a nondiscriminatory way. But the EEOC saw things differently and sued the company. The result: Pepsi just paid $3.1 million to settle an EEOC race-bias charge, and the company agreed to rewrite its background-checking policy and procedures.
Don’t wait for a lawsuit to make sure you’re in compliance. It’s vital—for your company and your career—to get in line now with the EEOC’s new Enforcement Guidance on the Consideration of Arrests and Conviction Records.
With Background Checks: The New EEOC Guidance, you'll discover:
The two big legal risks of criminal checks—disparate treatment and disparate impact—and which actions will trigger each;
When, if ever, you can consider arrest records in hiring;
The 2 legally safe ways you can prove your criminal checks are a “business necessity” for your workplace;
How to comply with the new EEOC guidance that you perform an “individualized assessment” on applicants screened out by background checks. (Understand the 7 key factors to consider!);
When (and how) you should ask applicants about their criminal records on applications;
Situations in which you MUST run criminal records checks on applicants;
5 practical “best practices” for background-check policies, confidentiality and supervisor training;
The most important takeaways from the new EEOC guidelines.
Best of all, your trainers for Background Checks: The New EEOC Guidance are a pair of dynamic experts on this topic, attorneys Scott Brutocao and Stephen Woods of Ogletree Deakins.
Bottom line: The EEOC says these new rules mean employers have no more excuses for mistakes on criminal background checks … and the risks can be huge. Get in compliance now! And remember, Background Checks: The New EEOC Guidance has been approved for 1.25 hours of HRCI credit.
Pat DiDomenico Editorial Director, HR Specialist
P.S. Your satisfaction is unconditionally guaranteed. If Background Checks fails to meet your needs, we will refund every penny you paid—no hassles, no questions asked.
Hear a Free 90-Second Clip of Background Checks from Scott Brutocao & Stephen Woods:
About the Speakers:
Scott Brutocao is a shareholder in the Austin, Texas, office of Ogletree Deakins. He represents employers in all aspects of labor and employment law and is a frequent speaker and writer on employment-law topics seminars.
Stephen Woods is a shareholder in the Greenville, S.C., office of Ogletree Deakins and also focuses his practice on employment-law litigation and counseling. He is the head of Ogletree's Background Check Advice team. Before becoming a lawyer, Stephen managed the HR function for a 500-employee newspaper publishing company.
Both Scott and Stephen recently spoke on this timely topic in a national presentation to their Ogletree Deakins clients.
Who Should Listen:
Supervisors and managers
This recording has been approved for 1.25 credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI).
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