How to Implement Criminal Background Checks without Violating Current “Ban the Box” Regulations - HRCI CPE - 1.5
- Speaker:Margie Faulk
- Product Code:GRC-90344
HRCI Credits: 1.5
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HRCI CPE - 1.5
HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
Free Handouts: Criminal Background Check Toolkit Including Decision Matrix, Templates and Checklists.
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.
The “Ban the Box” initiative was started by a group of formally incarcerated individuals and their families in 2004. However, the first state to follow a “Ban the Box” concept was Hawaii in 1998. ” Ban the Box” defined is a ban or removal of the check box in an application for employment where a candidate is asked, if they have ever been convicted of a crime at the onset of the application process.
The goal of this campaign is to have applicant/candidates assessed based on the ability to do the job and not based on any prior criminal history to level the playing field for the formerly incarcerated who have served their time. There are many economic reasons to promote this initiative. There are 70 million US adults with arrests or conviction, many who are turned away from applying due to employers asking about previous criminal records. The cost of these adults on the economy is estimated at $78K-$87K in losses in one year. Employing the formerly incarcerated has a positive impact in the economy. Increases tax contributions and saves money by keeping people out of the penal system.
Why You Must Attend:
Employers need to be concerned about “not” considering candidates with criminal records in their employment pool as more states and employers “Ban the Box”. 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 have the opportunity to see what states require employers to adhere to the guidelines and what the success statistics demonstrate.
Key Learning Objectives:
- 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 Vendors who are performing background screening services to ensure they are compliant.
Areas Covered this Session:
- 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
Who will benefit:
All industries will benefit from this training including:
- Defense contracting
- Aerospace & defense
- Real estate
- Data Protection
- Privacy Services
- Business Owners
- Company Leadership
- Small business owners
- Compliance professionals
- HR professionals
HR Professionals and Compliance Professionals can gain certification credits for their attendance at this webinar;
Managers can use this training to enhance their compliance training and use the attendance at this training as a “First Line of Defense” if there are future allegations of discrimination, wrongful hiring and wrongful termination; Professionals can learn additional regulations that impact their workplace; This training will enhance compliance skills and knowledge to be used in many organizations.
Margie Faulk, PHR, SHRM-CP HR Compliance Solutions, LLC-Compliance Officer, 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. Margie holds professional human resources certification (PHR) from the HR Certification Institute (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).