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1. Understand when an employer can inquire about criminal history and what information is off-limits.
2. Know all steps necessary to order a background check and to take action based on the results.
3. Identify opportunities for ensuring compliance with federal and California background check laws.
Best Practices for Navigating California's Background Check Laws
Jennifer Mora - 1 hour - January 9th, 2018
Jennifer has been representing management in labor and employment matters since graduating from Seattle University School of Law in 2001. Jennifer is recognized as a national expert on the intersection of federal and state background check laws, including Title VII of the Civil Rights Act; the Fair Credit Reporting Act and state law equivalents; and state and local “ban-the-box” laws. She advises employers in all industries, including large, national employers, on full compliance with background check laws, including developing processes and procedures for obtaining and using background reports, developing decisional adjudication guidelines when making employment decisions based on background reports, auditing background check programs and providing creative, industry-specific recommendations for compliance. She also advises employers in all industries on full compliance with state drug and alcohol testing laws, including drafting new and revising existing drug and alcohol testing policies and providing day-to-day advice on the application of policies and state laws to the applicant and employee testing and test results.
2018 Legal Update On-Demand Sponsored By:
Credits
CalBar - MCLE:1.0, HRCI - California:1.0, SHRM - PDC:1.0
Description
When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge. In the last year, California employers became subject to new laws that restrict their use of criminal records in pre-hire and other employment decisions, including new regulations approved by the California Fair Employment & Housing Council (FEHC), a city-wide ban-the-box law in Los Angeles and, effective January 1, 2018, a state-wide ban-the-box law. During this session, a nationally recognized background check expert will walk employers through all existing California state and city laws that regulate private sector employer use of criminal records and touch briefly on the onslaught of litigation against California employers challenging their background check paperwork under the Fair Credit Reporting Act. Employers will leave this session with a better understanding of when they can obtain criminal history pre-hire, what information they cannot consider, how they must document and/or notify job applicants of any adverse employment decision, and a list of action items for reviewing their background screening program for compliance under federal and California law.
Key Objectives:
2. Know all steps necessary to order a background check and to take action based on the results.
3. Identify opportunities for ensuring compliance with federal and California background check laws.
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