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Illegal Pre-Employment Screening Practices: Update on Ban-the-Box, Salary History Inquiries and Background Checks

Illegal Pre-Employment Screening Practices: Update on Ban-the-Box, Salary History Inquiries and Background Checks

Product Code: YEWA092018

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Illegal Pre-Employment Screening Practices: Update on Ban-the-Box, Salary History Inquiries and Background Checks

Live Webinar: Thursday, September 20, 2018

1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific

WEBINAR SNAPSHOT: Learn how to manage pre-employment screening practices so they don’t spark legal liability under new laws in effect on ban-the-box, prohibitions on salary inquiries, and more.


More and more states and cities are enacting laws that remove criminal history questions from job applications. The federal Fair Chance Act prohibits an executive agency from “requesting an applicant for federal employment to disclose criminal history record information before a conditional offer of employment is made to the applicant.” Similar laws, often referred to as “ban-the-box” laws are being adopted by a number of cities and states.

Ban-the-box typically means employers must delay inquiries about an applicant’s criminal history until later in the hiring process. Depending on the law, this can mean waiting until after the first interview or a conditional job offer. However, employers are still entitled to do background checks before actually hiring someone. Understanding what employers can do to prescreen potential employees while still staying within the law takes a thorough understanding of the local and state laws around hiring.

Some cities and states are also barring prospective employers from asking about a candidate’s salary history. While the purpose of this restriction is to level the playing field so that prospective employees get a fair shake no matter what their gender or ethnicity as far as salary parity, it can make headaches for HR when trying to determine what to offer for salary.

In addition, employers with multiple sites in different cities and states covered by laws that ban the box and prohibit salary history inquiries need to ensure they are compliant with applicable state and local laws. Don’t take a chance on whether your organization’s pre-employment screening practices could subject you to legal liability and costly penalties.

Join us on September 20 for the latest information on the 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, salary history, or other related issues.

You’ll learn:

  • The latest updates on ban-the-box laws, salary inquiry restrictions, and other laws that affect background checks of prospective hires 
  • When questions related to criminal convictions may be asked—and what’s off limits 
  • FCRA and EEOC rules to abide by concerning employee background checks 
  • Best practices for reviewing job advertisements, employment applications and other related forms 
  • How to handle tricky questions around salary, and learn the related laws depending on your location 
  • Best practices for ensuring compliance when your company operates across multiple states or cities, which may have varying requirements concerning ban-the-box and salary history inquiries 
  • 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 
  • 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 
  • And Much More!

By the end of this interactive webinar featuring live Q&A you’ll be better prepared to comply with applicable laws governing pre-employment screening practices and how to conduct effective background checks while staying within the law.

About Your Presenter

Lester S. Rosen, Esq. Founder & CEO Employment Screening ResourcesLester 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.

Have a specific question related to the topic of this audio conference? Post it here and get an answer during the event, time permitting, or in a follow-up e-mail from the audio conference presenter. This is only available to audio conference registrants.

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