Background Screening: How to Avoid Litigation Throughout the Entire Pre-Employment Process
Seating Instructions: Seating is first-come, first-served. Reserved seating options are available for accessibility and accommodations. For detailed accessibility information, visit INFO > FAQs in the app.
So, you think you're doing the right thing to protect your organization by ordering background checks on your applicants (and you are!) but did you know there are MANY litigation 'traps' where you could be violating FCRA law (and state laws) and you don't even know it? In this new installment of Deb's national background screening educational series, she walks you step by step through ALL phases of using criminal records in the hiring process. This includes job postings, job applications (yes, these can put you at risk!), the interview process (hello, Ban the Box laws), job offers, the EEOC Guidance on the consideration of criminal records, individualized assessments and business necessity, internal job matrixes and Adverse Action. A must attend for all HR Professionals responsible for recruiting, hiring, compliance & talent management.
Learning Objectives:
- Learn how to make compliant hiring decisions based on the background check itself & the criminal records it contains - this includes state restrictions on criminal reporting, individualized assessments, the EEOC Guidance and Adverse Action, all of which are strong areas of litigation against employers.
- Learn how to compliantly list qualifications in your job postings and how your job application may be causing you great risk of litigation.
- Learn when to compliantly run the background check and how to be compliant with Ban the Box laws during the interview process.
- Learn how to create internal job matrixes which allow you to make consistent, compliant hiring decisions based on business necessity and criminal records based on job duties and how that can vary by position.
Direct Link to Session Materials: If the speaker provides session materials, you can access them via the app, web format or at https://presentations.shrm.org/.
Live Streaming and Recording: Unless marked 'in person only,' all sessions are live-streamed on the app or web format and available for replay 30 days after the event.
Acknowledgment of Technical Issues: While rare, technical issues may occur during sessions. We appreciate your patience as we quickly address them.
Accessibility & Accommodations Information: For detailed accessibility & accommodations information, visit INFO > FAQs in the app.
Debra Keller

Deb Keller is President & Chief Compliance Officer of Victig Background Checks, a nationally accredited background screening firm. She’s a national authority on background screening, regulatory compliance, the FCRA, the use of criminal records in employment and the EEOC Guidance.
She’s spoken at six Annual SHRM Conferences, recently completing consecutive sessions at SHRM21, SHRM22 and now SHRM23 as well as 35+ State SHRM and Employment Law Conferences.
Deb has been quoted in SHRM magazine and the 2020 Complete Guide to Human Resources & the Law. Deb holds the PBSA Advanced Certification, designating advanced expertise in the FCRA and background screening.
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