Criminal Background Checks Regulations In 2023! Employers Consider Reducing or Eliminating Criminal Background Checks Due to the Labor Shortage!
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Date
Feb 17, 2023 -
Time
13:00 PM EST -
Duration
90 Min
Overview:
Companies are
understandably concerned about the safety of their workers and customers as
well as their own assets and public image. But today, many employers are
finding that the best approach to hiring individuals with criminal backgrounds
is not so different from the hiring approach they use for everyone else: to
evaluate each candidate on his or her merits. However, many Employers are
considering reducing or eliminating the criminal background screening process.
This is a mistake and could result in negligent hiring.
Before hiring a job
candidate, screening the applicant’s background helps employers make safe and
well-informed decisions about whether they will be a trustworthy and competent
employee.
Criminal background
check guide
Criminal background
checks are often part of this process and may even be required for new hires if
your company is in certain regulated industries or serves vulnerable
populations, such as children, the elderly, or the disabled.
You might have missed
it, but the prohibition against employers with federal contracts asking about a
job applicant's criminal history—part of a defense funding bill signed in late
2019—took effect in the last days of 2021
Different searches
might produce different records. For example, if an employer only searches a
state’s criminal records repository, the employer will only receive information
about any convictions and arrests that are contained in the state’s criminal
justice system.
Employers might
instead elect to complete nationwide searches to find criminal record
information from multiple states or perform searches in every county and state
where an applicant has lived. But what happens when Employers use social media
as their screening process?
What is a Criminal
Background Check?
When CRAs conduct
criminal background checks for employment, they gather and analyze background
information from municipal, state, county, and federal criminal records
databases for job applicants.
The types of
information that might be reported include misdemeanor and felony convictions
and pending criminal matters.
Different searches
might produce different records. For example, if an employer only searches a
state’s criminal records repository, the employer will only receive information
about any convictions and arrests that are contained in the state’s criminal
justice system.
Employers might
instead elect to complete nationwide searches to find criminal record
information from multiple states or perform searches in every county and state
where an applicant has lived.
Session Highlight:
· What new regulations about
criminal background checks have been added to the Federal regulatory industry
· Learn how criminal background checks are a critical part of onboarding and avoiding negligent hiring
· Learn what the negative implications are of using social media as a screening process
· Learn what types of criminal background searches can put an Employer at risk
· Learn what the impact is when Employers
· Learn why regulations are protecting formerly incarcerated individuals in the workplace
· Learn what states have Ban the Box mandated protections
· Learn what the process is when conducting a criminal background check
· Learn what the requirements are when you rescind an offer of employment after learning about the results of a criminal background check
· What are the proper requirements if you reject a candidate after the results of a criminal background check
Why Should You Attend:
Employers who use
criminal records in their hiring decisions need to be aware of applicable federal
and state laws. Additionally, the Fair Credit Reporting Act (FCRA) governs how
employers obtain and handle consumer reports, which include standard background
checks. Legal compliance with these laws is key when considering formerly
incarcerated applicants for hire. Many Employers are considering reducing or
eliminating the criminal background check due to the labor shortages.
BAN-THE-BOX LAWS:
Several state laws and
local ordinances limit the use of arrest and conviction records by prospective
employers. Commonly referred to as "ban-the-box" laws, these
restrictions prohibit the employer from asking an applicant any questions about
criminal records on the employment application or early in the screening
process. Other state laws restrict the employer's use of arrest or conviction
data in making an employment decision, except in limited circumstances, or the
laws may require that criminal history questions be asked only after an offer
of employment has been made. Employers should investigate any state or local
laws prior to asking about an applicant's criminal history.
Benefits For Attending:
This training will provide you overall information regarding new criminal background check regulations in 2023. In addition, each training I offer free customized compliance tools for all attendees. Also get:
· SHRM Recertification
& HRCI PDU Credits
· Free customized compliance tools in the form of guides, templates, policies, toolkits
· Additional Supplemental Slides
· Free answer to all questions even after the training ends
Who Should Attend:
· All Employers
· Attorneys
· Business Owners
· Company Leadership
· Compliance Professionals
· HR Professionals
· Office Managers
· Legal Counsel
· Managers/Supervisors
· Employers in all industries
Ask your question
directly from our expert during the Q&A session following the live event.
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and international compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
1.5 SHRM-CP & 1.5 HRCI Credits