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, given that millions of people in the U.S. have criminal records, it is more important than ever to give people with criminal records a second chance and the opportunity to reenter the workforce. Employment is one of the best tools to fight recidivism, which benefits everyone. Yet, one bad hire can create a legal and financial nightmare. Our speaker will cover how employers should approach the use of criminal records in hiring to protect their organization and to ensure legal compliance and fairness in hiring.

Learning Objectives:

• Review how and 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 EEOC guidance, “ban-the-box” laws and so-called second-chance 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.