Sessions

In 2012, the Equal Employment Opportunity Commission issued guidance on using criminal history checks in the employment screening process. In the few years since then, the federal government has revised its approach to criminal records checks in its policies with federal contractors. Likewise, several states have amended their laws regarding employers’ use of criminal checks in initial screening and hiring decisions. In short, employers covered under these federal and state requirements now generally focus on an applicant’s criminal convictions and not arrests. The reasoning behind these policy changes include the disparate impact of arrest records on racial minorities as well as labor shortages in some industries and the growing sentiment toward giving the formerly incarcerated a fair chance at new employment. Employers, at the same time, want to avoid the risk of bad hires while still complying with applicable laws and regulations. This session will review the current state of the law and best hiring and screening practices for employers in this changing environment. In this session, you will:

• Review statistics related to incarceration, rehabilitation and labor shortages as well as policy initiatives to give applicants with a criminal history an opportunity at a fresh start.
• Learn tips and best practices regarding changes to policies and forms to reduce the risk of discrimination claims.
• Discuss how employers should balance safety and security concerns with efforts to give applicants with a criminal history workplace opportunities.