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Background Checks Demystified: How To Screen Applicants And Employees In Compliance With Federal Law

Webinar: ID# 1023260
Recorded On-Demand
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About This Course:
When it comes to hiring new employees, it makes sense that many organizations conduct background checks as a matter of course.

But there are legal limits to what employers can and cannot do when performing background checks on prospective employees. For example, you must ensure that your practices don’t run afoul of the federal Fair Credit Reporting Act (FCRA), the California Investigative Consumer Reporting Agencies Act (ICRA), or the California Consumer Credit Reporting Agencies Act (CCRAA). You also need to be aware of applicable regulations within the California Labor Code and the Fair Employment and Housing Act (FEHA).

And, as if that all weren’t enough, the federal Equal Employment Opportunity Commission (EEOC) also cares a great deal about how your organization conducts background checks and sets guidelines on compliance. You are not allowed to discriminate on the basis of race, national origin, or other protected characteristics. You are also not allowed to broadly refuse to hire anyone with a past criminal conviction.

Staying in legal compliance while maintaining a background check policy that works for your business is challenging. That’s why we invite you to attend an interactive webinar and learn how to legally conduct employee background checks under both California and federal law. Attorney Spencer Waldron will provide a roadmap for compliance so that you can avoid costly lawsuits.

Learning Objectives:
  • Why it’s crucial to get permission before conducting a background check
  • The importance of having simple and concise background check authorization / disclosure forms
  • FCRA and EEOC rules on employee background checks
  • ICRA, FEHA, and other California regulations
  • 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
  • Keys to establishing background check policies that link the decision-making to job descriptions
  • Where to go to find compliance guidelines under the various laws
  • How to avoid disparate treatment and disparate impact “red flags” when conducting background checks
  • 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
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Background Checks Demystified: How To Screen Applicants And Employees In Compliance With Federal Law
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