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Background Check Re-boot: Where EEOC Guidance Banning Criminal Histories & Ban-the Box & Salary History Legislation Now Stand - On-Demand

Background Check Re-boot: Where EEOC Guidance Banning Criminal Histories & Ban-the Box & Salary History Legislation Now Stand - On-Demand

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Background Check Re-boot: Where EEOC Guidance Banning Criminal Histories & Ban-the Box & Salary History Legislation Now Stand - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT:  Learn how to comply with conducting legal background checks in light of new court ruling striking down EEOC’s guidance on criminal histories, state-based ban-the-box and salary history legislative updates, and more.


The Fifth U.S. Circuit Court of Appeals has struck down Equal Employment Opportunity Commission (EEOC) guidance restricting the use of criminal background checks in the hiring process in one state. Calling this ruling a “stinging loss,” Fisher Phillips LLP noted that while this decision only applies to the state of Texas, it raises the question of how this background check guidance issued in 2012 ultimately could be deemed overreaching in other jurisdictions beyond the Lone Star state.

While a federal court is upholding employers’ right to use criminal background checks in Texas, other states across the country continue to enact “ban-the-box” and salary history ban law.  Confused yet

Now is the time to get up to speed on what you can and cannot ask of applicants and third parties ahead of hiring when conducting a background check to ensure compliance with federal law.

Use this on-demand webinar when Fisher Phillips’ Attorney Miranda Watkins will brief you on the practical impact the Fifth Circuit’s decision may have on employers nationwide, and the key issues to keep close watch on at the state level to minimize the risk of your applications or background screening practices overstepping under applicable state and local laws designed to provide greater protections to job candidates. 

You’ll learn: 

  • Why the Fifth Circuit struck down this particular EEOC directive—“Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII”—with respect the state of Texas
  • The ripple effect this ruling could have on background screening practices nationwide
  • When questions related to criminal convictions generally may be asked—and what’s off limits
  • Where the EEOC rules to abide by concerning employee background checks now stand
  • Important information every employer needs to know before conducting a background screening into one’s credit history to ensure compliance with the Fair Credit Reporting Act 
  • Best practices for reviewing job advertisements, employment applications and other related forms 
  • How to handle tricky questions around salary, which states currently ban salary history inquiries, and which ones are considering similar legislation right now 
  • Best practices for ensuring compliance when your company operates across multiple states or cities, which may have varying requirements concerning criminal, 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

Miranda WatkinsMiranda Watkins, Esq.
Fisher Phillips LLP

Miranda Watkins is an associate in Fisher Phillip LLP’s San Diego office. She is passionate about counseling businesses of all sizes on their day-to-day labor and employment issues, offering preventative advice and tools to protect employers.  She also litigates cases on variety of issues, including disability discrimination claims, leaves of absences, wage and hour claims, retaliation and wrongful termination. She represents employers in a range of industries in all areas of labor and employment law.  Before joining Fisher Phillips, she worked as an associate attorney for a national law firm, focusing on employment and general civil litigation matters.