Is Your Criminal Background Check Policy Consistent with the EEOC's Updated Guidance?

Why Should You Attend:

Employers must rethink the wisdom of broad background check policies that are one-size-fits-all regardless of job classification and instead, decide whether, on a position by position basis, background information is relevant, helpful, and non-discriminatory when it is used to assess a candidate’s suitability for employment. Adopting the right background check policy and procedures is a critical risk management practice to avoid discrimination claims, individual lawsuits and even the prospect of class action-based lawsuits.

This webinar will review the EEOC’s guidance and what it means for employers. The instructor will provide information about how to evaluate, revise or formulate a background check policy that will pass legal muster.

Areas Covered in the Webinar:

• Review the EEOC’s guidance
• Importance of EEOC’s guidance for employers
• Overview of recent cases brought against employers
• How to evaluate, revise or formulate a background check policy

Who Will Benefit:

• Human Resource Professionals
• In-house legal counsel
• Supervisors and management responsible for hiring
• Recruiters and Employment Specialists
• Consultants and Business Owners

Instructor Profile:

Kevin Troutman, is a partner in the Houston office. In addition to his experience as an attorney, Mr. Troutman gained practical experience during more than 17 years working as a human resources executive in the healthcare industry, including a period when he was responsible for 22 hospitals in five states. He chairs the firm's national Healthcare Practice Group. He has successfully represented clients in hundreds of litigation and administrative matters, before federal and state courts, as well as administrative agencies. He also spends considerable time counseling and training managers and supervisors regarding day-to-day HR issues. He remains active in human resources groups, including the American Society for Healthcare Human Resources Administration, where he has been at the speaker the group's annual conference. He has also served as a member of the governing board of a community hospital and a private school. Kevin is "AV" Peer Review Rated by Martindale-Hubbell.

Andria Ryan, is a partner in the Atlanta office and serves as the chair of the firm's Hospitality Industry Practice Group. Ms. Ryan represents employers in virtually every area of employment and labor law. She spends much of her time counseling employers in day to day employment and labor decisions and educating employers about prevention and practical solutions to workplace problems. She is a frequent speaker to industry groups and human resources professionals on such topics as avoiding harassment in the workplace, maintaining a union free workplace, avoiding discrimination claims, proper interviewing, and effective discipline and discharge techniques. In 2007 she received the Chairman's Award from the Colorado Hotel & Lodging Association for her development of the Employment Compliance Guide for Colorado Hospitality Employers. Andria is "AV" Peer Review Rated by Martindale-Hubbell

Topic Background:

According to some studies, over 90 percent of employers conduct criminal background checks for some job applicants and over 70 percent of employers conduct background checks on all potential new hires. The rationale for seeking this information ranges from identifying candidates who are honest on their applications to finding those who display a history of good decision-making to reducing the risk of criminal behavior in the workplace and related civil liability by excluding those applicants who may be most likely to (re)engage in criminal activity and potentially pose a risk of harm to the organization, its customers, employees and the public.

Despite these important business concerns, the regulatory climate has changed. On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on the use of criminal background checks in employment titled, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. Although Title VII does not prohibit the use of criminal background checks, the EEOC cited concerns that employers could use arrest and conviction records to unlawfully discriminate against job applicants based on their race or national origin.

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