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California Background Check Updates: What Employers Must Do To Comply With California’s Pre-Employment Screening Requirements

Webinar: ID# 1023921
Recorded On-Demand
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About This Course:
Los Angeles’ new Fair Chance Initiative goes into effect July 1, 2017. That means that employers operating in the city limits will be barred from asking applicants about criminal convictions unless a conditional employment offer has been made. There are some exceptions to who’s covered under this ban-the-box ordinance, but it’s important for all employers in the city limits to know their particular compliance obligations under it.

But, LA’s new law isn’t the only thing employers in California should be taking note of. Other cities, such as San Francisco, have already enacted similar legislation.

California generally places additional requirements on employers seeking to perform pre-hiring background checks. For instance, in addition to being covered by the federal Fair Credit Reporting Act (FCRA), many employers are also subject to the California Investigative Consumer Reporting Agencies Act (ICRAA). And, they also have to be mindful of new regulations promulgated under the California Fair Employment and Housing Act (FEHA).

Don’t take a chance on whether your organization’s pre-employment screening practices could subject you to legal liability and costly penalties. Get the latest information on the policy-based and procedural safeguards you should have in place so your pre-employment hiring practices don’t expose you to disparate impact or discrimination claims.

Join us for answers to critical questions on how to legally conduct employee background checks in California. Our presenters will provide a roadmap for navigating the rules, staying compliant with federal guidelines and avoiding costly lawsuits related to background check screening processes.

You’ll learn:
  • Compliance obligations under LA’s new Fair Chance Initiative ordinance taking effect July 1, including essential information on:
    • Which employers are covered under the new law and which ones are exempted
    • When questions related to criminal convictions may be asked
    • What the ordinance’s anti-retaliation provision prohibits employers from doing
    • Penalties employers may be subjected to for non-compliance
    • Best practices for reviewing job advertisements, employment applications and other related forms
    • Record retention requirements

  • Best practices for ensuring compliance when your company operates across multiple cities in California, which may have varying requirements concerning employer consideration of criminal records
    FCRA and EEOC rules to abide by concerning employee background checks
  • How to ensure compliance with the ICRAA, FEHA, and other
  • California regulations and laws
  • 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
In just 90 minutes, you’ll learn how to legally conduct background checks in California on new hires and employees, and you’ll have the opportunity to ask questions during the live Q&A.

About Your Presenters:

Brad Landin
President/Chief Compliance Officer
Employment Screening Resources

Background screening industry veteran Brad Landin is president and chief compliance officer for Employment Screening Resources (ESR). He has more than 35 years of management experience in both the private and public sectors and over 25 years of experience in regulated industry compliance matters. He has extensive experience in background screening operations, as well as legal compliance, and is an active participant in the National Association of Professional Background Screeners (NAPBS), the background screening industry trade association, including participating in their lobbying efforts at the federal and state levels.

Mr. Landin has spearheaded ESR’s rise to being “The Background Check Authority®” and the only screening provider offering automated real-time compliance. The ESR Assured Compliance® system uses the fully automated ESR Applicant Generated Report® (AGR) system to constantly update screening reports with required changes in hiring and employment laws. ESR makes compliance with new screening regulations virtually painless in a totally paperless environment.

Jennifer L. Mora, Esq.
Shareholder
Littler Mendelson P.C.

Attorney Jennifer Mora’s labor and employment practice is unique in that she not only has broad subject matter experience, but she has developed a special expertise in background check laws. She regularly advises and defends employers and consumer reporting agencies on the intersection of federal and state background check laws, including Title VII of the Civil Rights Act, the Fair Credit Reporting Act, and state law equivalents. Ms. Mora writes extensively on background screening issues and has given numerous webinar and conference presentations on the topic. She is also an active member of NAPBS.
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California Background Check Updates: What Employers Must Do To Comply With California’s Pre-Employment Screening Requirements
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