Ban-The-Box: Handling Criminal History Legally

Ban-The-Box: Handling Criminal History Legally

The recent movement to “Ban-the-Box” refers to the box on employment applications requiring applicants to disclose whether they have a prior criminal conviction. Current law prohibits employers from requesting or considering a candidate’s conviction history until a conditional offer of employment has been made.

Nationwide, states, cities, and counties have different requirements as to when employers may request a criminal history or run a background check and what they can do with that information. If an employer runs a background check after a conditional offer of employment has been made, care must be taken before any adverse decision is communicated to the applicant as there are strict regulations governing this process. In this webinar, nationally-recognized expert Diane L. Dee will help you navigate this complicated subject so that the rights of applicants - and their potential employers - are protected while ensuring all remain compliant with the law.

WHAT YOU’LL LEARN

Just a sampling of what this webinar will cover:

• Title VII of the Civil Rights Act of 1964.
• Ensuring conviction information in used fairly in the hiring process.
• Integrating the EEOC arrest and conviction record guidelines into the hiring process.
• Employers’ Use of Criminal History Information.
• The EEOC’s interest in Employer’s use of Criminal Records in Employment Screening.
• Determining Disparate Impact of Policies & Practices that Screen Individuals Based on Records of Criminal Conduct.
• Determining whether a criminal conduct exclusion is job-related and consistent with business necessity.
• Nature and gravity of the offense or conduct.
• Employers best practices.
• Time that has passed since the offense, conduct and/or completion of the sentence.
• Fair-chance policies – Do they work?
• What doesn’t fair-chance policies do?
• What you should know about the EEOC Arrest and Conviction Records.
• Green factors and Criminal Conduct Screens.
• Nature of the job held or sought.

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