California Background Checks: Best Practices for Hiring in the Golden State - On-Demand
Webinar now available On-Demand.
When it comes to hiring new employees, background checks have become standard practice. But do you know what you can and can’t do when it comes to looking into the backgrounds of potential employees?
In California, job applicants have even greater rights regarding background checks. In addition to being covered by the federal Fair Credit Reporting Act (FCRA), California applicants are also covered under a number of “Only in California” laws, including:
- California Investigative Consumer Reporting Agencies Act (ICRA)
- California Labor Code
- Fair Employment and Housing Act (FEHA)
- New “ban the box” laws
- State-specific rules covering credit reports, social media passwords, and offshoring of screening information
California employers also need to be aware of shifting laws that affect background checks, such as legalized marijuana use and required background checks into transportation network drivers.
The Equal Employment Opportunity Commission (EEOC) has set specific guidelines for background check compliance, making it essential for employers to maintain background check policies that are consistent with business necessity and take precautions to avoid these missteps.
Use this on-demand webinar for answers to critical questions on how to legally conduct employee background checks in California. Our presenter, Lester S. Rosen, a skilled California employment attorney and the founder and CEO of Employment Screening Resources®—will provide a roadmap for navigating the rules in California and staying compliant with federal guidelines to avoid costly lawsuits related to background check screening processes.
Here’s what we’ll cover:
- The importance of getting permission and using the proper forms when a background check is being conducted—and the high stakes if you don’t
- FCRA and EEOC rules to abide by concerning employee background checks
- How to ensure compliance with ICRA, FEHA, Fair Chance laws, and other California regulations
- How changing laws about marijuana legalization affect background check policies
- 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 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
- Whether you can ask prospective employees if they have a felony record without the assurance that it won’t necessarily exclude them from being hired
- And much more!
About Your Presenter:
Lester S. Rosen, Esq.
Founder & CEO
Employment Screening Resources® (ESR)
Attorney Lester S. Rosen is founder and CEO of Employment Screening Resources® (ESR), a nationwide background check firm located in San Francisco, CA and 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" (3nd Edition/2017), 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 has served as an expert witness in court cases on background checks. He was also the first co-chairperson of the steering committee in 2004 that founded the National Association of Professional Background Screeners (NAPBS).
Mr. Rosen graduated UCLA with Phi Beta Kappa honors, and received a J.D. degree from the University of California at Davis School of Law, serving on the school Law Review. After practicing in the Orange County offices of Kindel & Anderson for three years with an emphasis in civil litigation and employment law, he joined the Riverside County District Attorney’s office. His duties included career criminal and homicide prosecutions.
Mr. Rosen opened a private criminal law practice in Marin County in 1985. He specialized in criminal law and his practice has included federal crimes, murder, and death penalty cases. 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.