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Background Check-Related Legal Risks: How to Comply with Ban-the-Box and Other New Developments - On-Demand

Background Check-Related Legal Risks: How to Comply with Ban-the-Box and Other New Developments - On-Demand

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Background Check-Related Legal Risks: How to Comply with Ban-the-Box and Other New Developments - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn the practical impact of the latest EEOC guidance, court rulings, and legislative updates on ban the box and salary history inquiries have on employment policies and practices.


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 an employer’s right to use criminal background checks in Texas, other states across the country continue to enact “ban-the-box” and salary history ban laws.  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 Attorney Les Rosen of Employment Screening Resources will explain 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.

After attending this webinar, you’ll be able to:

  • Legally ask questions about criminal convictions generally—and know what’s always off limits
  • Comply with EEOC rules concerning employee background checks
  • Legally conduct background screenings without violating the  Fair Credit Reporting Act
  • Audit your job advertisements, employment applications and other related forms to identify risks and correct them before they cause you legal headaches
  • Handle tricky questions around salary—and determine which states currently ban salary history inquiries and which ones are considering similar legislation right now
  • Ensuring compliance when your company operates across multiple states or cities, which may have varying requirements concerning criminal history, ban-the-box, and salary history inquiries
  • Respond when someone asks if they weren’t hired because of a criminal record
  • Establish background check policies that link the decision-making to job descriptions
  • Avoid “red flag” issues that could result in disparate treatment and disparate impact
  • 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 Presenters

Lester S. 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.