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Ban-The-Box and Background Checks Update: How to Effectively Pre-Screen Prospective Job Candidates and Stay Within the Law - On-Demand

Ban-The-Box and Background Checks Update: Pre-Screen Job Candidates & Stay Within the Law - On-Demand

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Ban-The-Box and Background Checks Update: How to Effectively Pre-Screen Prospective Job Candidates and Stay Within the Law - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn the latest updates on ban-the-box legislation and how to use background checks to screen prospective job candidates within legal bounds.


It’s common sense for employers to prescreen potential employees. You don’t want any unwelcome surprises, especially when the safety of your organization and your other employees is at stake. And there are typically a number of background checks employers can legally perform to get a good idea of who the prospective hire is.

But lately a number of states and localities have enacted “ban-the-box” legislation, which prohibits employers from requiring that applicants check a box on the application that asks whether they have ever been arrested for a criminal offense.

Plus, organizations that use outside agencies to conduct background checks need to make sure that they’re complying with the Fair Credit Reporting Act (FCRA) and federal non-discrimination laws. Just this month, a California court certified a class action with 40,000 class members alleging violations of the FCRA’s disclosure and notice provisions. The case serves as a critical reminder that FCRA violations could leave companies vulnerable to costly lawsuits and potentially massive liability if the individuals bringing their claims are successful.

Use this on-demand webinar to learn how your current pre-employment screening practices could be subjecting your organization to legal liability and costly penalties. Our presenter, a skilled attorney, will provide an update on the latest policy-based and procedural safeguards you should have in place so your pre-employment hiring practices don’t result in disparate impact or discrimination claims because of how you approach issues like an applicant’s criminal history.

You’ll learn:

  • When questions related to criminal convictions may be asked, and when—and which are off limits
  • Best practices for reviewing job advertisements, employment applications, and other related forms
  • Records retention requirements concerning background-check related information
  • Best practices for ensuring compliance when your company operates across multiple states or cities, which may have varying requirements concerning ban-the-box
  • FCRA and EEOC rules to abide by concerning employee background checks
  • Whether you have to explain if you decide against hiring someone because of a criminal record—and why
  • How many years back you can go when doing background checks
  • Whether you should use social media, such as Facebook, when checking a prospective employee’s background
  • How to establish background check policies that link the decision-making to job descriptions
  • How to avoid “red flag” issues that could result in disparate treatment and disparate impact
  • The importance of individualized assessments to avoid discrimination claims

This webinar on-demand will provide vital insight and guidance on how to conduct effective background checks while staying within the law!

About Your Presenter:

Lester RosenLester S. Rosen, Esq.
Founder & CEO
Employment Screening Resources

Attorney Lester S. Rosen is Founder & CEO of Employment Screening Resources® (ESR), a global background check firm located in the San Francisco, California-area that is accredited by the National Association of Professional Background Screeners (NAPBS). He is a nationally recognized background check expert and the author of The Safe Hiring Manual, the first comprehensive guide to employment screening. He is a frequent presenter on safe hiring issues, and his speaking appearances for "ESR Speaks" include numerous state and national conferences.

He holds the highest attorney rating of A.V. in Martindale-Hubbell. He has served as an adjunct professor of law teaching criminal law and procedure at Hastings College of the Law, and has served as faculty member and program chairman of the nationally recognized Hastings College of Trial Advocacy.

In 1996, Mr. Rosen joined with an established background and corporate security agency, the Doane Agency, to create a new firm in 1997, Employment Screening Resources® (ESR) (a division of a California Corporation), dedicated to promoting a safe and profitable workplace for both employers and employees. Mr. Rosen has qualified and testified in the California, Florida, and Arkansas Superior Court as an employment screening expert on issues surrounding safe hiring and due diligence.

He was the chairperson of the steering committee that founded the NAPBS, a professional trade organization for the screening industry. He was also elected to the first board of directors and served as the co-chair in 2004. As a background screening expert, he has been quoted by USA Today, Businessweek, Reuters, Christian Science Monitor, HR Magazine, and numerous newspapers, web sites, and trade journals across the United States.

Mr. Rosen created a comprehensive Online Safe Hiring Certification Course, and narrated the training video "Safe Hiring: How You Can Avoid Bad Hires" by Kantola Productions. He has written numerous articles and whitepapers on the subject of employment screening and selects the annual ESR Top Ten Background Check Trends.

Mr. Rosen has authored a module of the Global HR Practitioner Handbook Volume 3 published by Global Immersion Press titled “Criminal History Screening of Global Job Applicants: Hidden Dangers Employers Should Know.” He co-authored the ‘International Employment Background Checks’ module in the Global HR Practitioner Handbook Volume 2 from Global Immersion Press.

Mr. Rosen has also been active in working on legislation in California, and in 2002, he worked with the California legislature to amend AB 655, a law that adversely affected employers in the area of reference checks and hiring in California.

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