2017 EEOC Issues New Enforcement Guidance on Ban the Box Law and Conviction Records in Employment


October 25, 2017


Melissa Fleischer

  3:00 PM ET | 02:00 PM CT | 12:00 PM PT | 90 Minutes

This program has been approved for 1.5 PDCs toward SHRM certification hours.
The program is pre-approved for 1.5 credit hour under HRCI


Learn the latest updates on ban-the-box legislation and how to use background checks to screen prospective job candidates within legal bounds.

Over the past few years, 24 states and more than 150 cities and counties have made it illegal to ask about a candidate’s criminal history on a job application – a trend often referred to as “ban the box” legislation. And more recently, Massachusetts was the first state to prohibit employers from asking applicants how much they were paid in previous positions, as a way to ensure pay equity.

Why Should Attend:

Attendees of the live 90 minute webinar with Melissa Fleischer will learn many states and localities have enacted Ban the Box laws prohibiting employers from requiring that applicants check a box on the application if they have been arrested for a criminal offense. Organizations using outside agencies to conduct background checks need to make sure they comply with the Fair Credit Reporting Act (FCRA) and federal laws prohibiting discrimination enforced by the Equal Employment Opportunity Commission (EEOC).

Melissa will reveal the latest updates on Ban the Box legislation and how to use background checks to screen prospective job candidates within legal bounds to avoid subjecting organizations to legal liability and costly penalties. Melissa will show the latest policy-based and procedural safeguards organizations should have in place so their hiring practices do not result in disparate impact or discrimination claims because of how they approached issues like the criminal history of applicants.

Learning Objective:

  • The growing list of states that have adopted “ban the box” legislation, and how the laws vary from state to state
  • Why ‘pay equity’ laws are expected to proliferate at the state level
  • What mandatory language must be included on job applications, depending on your state
  • What the EEOC advises employers to do, beyond state and local anti-discrimination laws
  • Best practices for fair hiring and reducing risk when making a hiring
  • FCRA and EEOC rules to abide by when conducting employee background checks.
  • How many years back organizations can go when doing background checks.
  • The importance of individualized assessments to avoid discrimination claims.
  • When questions related to criminal convictions may be asked and which are off limits.
  • What is the EEOC’s Position on Asking about Past Criminal History and Using that as a Basis for Refusing to Hire an Applicant.

Who should Attend:

  • Human Resource Professionals
  • Benefit Professionals
  • Managers/Director/VP
  • Supervisors
  • Training Professionals
  • In-house counsel
  • Financial Officers
  • CEOs

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