The Use of Criminal Records in Hiring: Land Mines and Opportunities for Employers

To avoid bad hiring decisions and lawsuits due to negligent hiring, employers often utilize criminal-record checks. However, HR professionals need to understand the complexities involved in using criminal records, such as accuracy and discrimination issues, as well as the role of the Equal Employment Opportunity Commission (EEOC), “ban-the-box” laws and state laws limiting the use of criminal records. In addition, with record low unemployment and millions of U.S. workers with criminal records, it is more important than ever to give ex-offenders a second chance and the opportunity to re-enter the workforce. Yet one bad hire can create a legal and financial nightmare. This session will review how employers should approach the use of criminal records in hiring to protect their organization but also to ensure legal compliance and fairness in hiring.

Learning Objectives:

• Review why employers utilize criminal records in order to promote due diligence.
• Understand the sources of criminal records and how they are located and reported to employers.
• Understand the impact of the EEOC guidance and ban-the-box laws on the use of criminal records.
• Learn why re-entry programs can help employers and why they are important to society as a whole.
• Audit your current practices for legal compliance and best practices.