What Should You Do If An Applicant Has A Criminal History?

Why Should You Attend:

Close to 90% of employers conduct background checks on some segment of their employees/job applicants. Conducting background checks is a normal part of business especially if you want to have a safe work environment and hire quality employees. Additionally, employers have the added pressure to ensure they avoid negligent hiring claims. Employers need to balance their concerns for hiring quality employees with compliance of fair hiring practices. The “Ban the Box” campaign has spread far and wide. It is not easy to navigate this landmine and stay within regulations.

What Should You Do If An Applicant Has A Criminal History? That really depends on many factors:

• Is your company in one of the many ban the box states?
• If not, what is your company’s philosophy and practice on the formerly incarcerated?
• What are your company’s policies on criminal background screening?
• Do you have an active policy on how you make decisions on hiring after there are criminal background convictions?

Employers need to be concerned about “not” considering candidates with criminal records in their employment pool as more states and employers “Ban the Box”. Additionally, If you are in one the Ban the Box states, the EEOC has “Guidance” that all Employers can use to avoid allegations of discrimination. It is critical for employers to be aware of which states have established laws eliminating this initiative which can impact them and have them at risk of violating the Title VII. Yes, employers can be sued! The objective of this course is to prepare employer’s in navigating the “Ban the Box” initiative by balancing the needs of the business with compliance of the regulations. The course will identify the process in selecting candidates based on the employee’s experience and qualification instead of prejudging them based on their conviction. In addition, Employers will understand the impact of federal and state regulations on criminal background screening and how to avoid violating discrimination regulations.

Areas Covered in the Webinar:

• What are the clear reasons for “Ban the Box” and how was it started;
• What are the restrictions with “Ban the Box” and how can Employers navigate the regulations;
• Where in the applicant/candidate selection process is it OK to ask about criminal history?
• Implementing criminal background checks that will meet the “Ban the Box” initiatives and guidelines;
• What steps can you take to ensure you are not charged with negligent hiring;
• Provide an understanding of the EEOC guidelines and goals when it comes to background check screening;
• How to ensure you are not violating the “Ban the Box” initiative by integrating appropriate policies and procedures that meet the regulation guidelines;
• What tools are there to mitigate “Ban the Box” regulations;
• How to manage Third Party Administrators (TPA) or Ven-dors who are performing background screening services to ensure they are compliant.
• Development of a “Decision Matrix” to mitigate any allegations of discrimination or wrongful selection;
• Learn what states are required to follow Ban the Box Regulations and which states should;
• Learn which Federal Guidelines are encouraging Employers to follow Ban the Box Initiatives;
• Learn when you should revise our Employee Handbook and workplace policies;
• Learn what the requirements are for Pre-Adverse notices;
• Learn how the new Ban the Box Guidelines can be a robust risk management strategy;
• Dos and Don’ts on Criminal Background Screening;
• See what the fines and penalties are for willful violations by the regulatory agencies;
• Learn that Employers should train their managers on all regulations developed for the Ban the Box and other Regulations to reduce risk

Free Material:

All Attendees Receive a Decision Policy Matrix Toolkit to Manage the Ban the Box Criminal Screening Process and Reduce Risk If You Are Audited!

Who Will Benefit:

• Business Owners, Company Leadership and Board of Directors (CFO, COO, CEO)
• Federal Contractors
• Department Heads
• Human resources professionals
• Compliance professionals
• Managers/Supervisors & new and potential Managers
• Hiring Managers
• Office Managers responsible for HR hiring responsibilities

Margie Pacheco Faulk
Sr HR Consultant, HR Compliance Solutions

HR Compliance Solutions, LLC-Compliance Officer, Margie Faulk, PHR, SHRM-CP-is a senior level human resources professional with over 14 years of HR management and compliance experience. A current Compliance Officer for HR Compliance Solutions, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. This includes Federal Contracting in the defense, military, anti-Terrorism and Apache Helicopter Training Simulations with Federal Acquisition Regulations (FAR), Federal Sentencing Guidelines (FSG) and Office of Federal Contract Compliance Program (OFCCP). Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie's focus has expanded to Global Workplace Compliance in International, multi-state, multi-National, state and local workplace compliance which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few.

Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to HR professionals, business owners and companies interested in having their company compliant with workplace and industry regulations.

This year, Margie was selected by Alan Collins, former Vice President of Human Resources at PepsiCo, a renowned author of 8 books on HR Prosperity & Success, and founder of "Success in HR", to be part of his Mastermind Your Way to Success in HR, "Expert Interview Series based on her successful Webinars/Seminars on HR Compliance."

Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).

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