Overview
A
background report reveals a conviction shortly before a candidate’s scheduled
start date. The hiring manager wants to withdraw the offer, while the candidate
says the report is incomplete. HR now faces several decisions: What information
can be considered? How does the record relate to the responsibilities of the
position? What must happen before the employer can finalize its decision?
On
October 28, 2026, the Equal Employment Opportunity Commission (EEOC) voted to
rescind its 2012 enforcement guidance on the use of arrest and conviction
records in employment decisions. The withdrawal took effect immediately,
raising questions about how employers should approach criminal background
screening and whether their existing hiring procedures need to be revised.
Although the guidance has been withdrawn, Title VII's protections against
unlawful discrimination remain in effect, and employers may continue using
lawful screening practices developed under the earlier guidance. HR
professionals need to understand what the agency's decision means for their
current policies, particularly when a criminal record becomes a factor in
deciding whether to hire someone.
The
legal requirements surrounding background checks extend well beyond the EEOC's
guidance. Employers using third-party background screening companies must
comply with the Fair Credit Reporting Act (FCRA), including its disclosure,
authorization, and adverse-action requirements. State and local restrictions
can also determine when employers may ask about criminal history, which records
they can consider, and what opportunities applicants must receive before a
final decision. California, Illinois, Washington, and New York City have
requirements that can affect different stages of the screening process. An
employer following the same procedure for every location may overlook important
differences in how a candidate's criminal history must be evaluated.
Consider
a hiring manager who insists that any criminal conviction should disqualify an
applicant, or a screening company that marks a candidate as ineligible without
explaining the underlying findings. HR must determine whether the information
supports the proposed decision, whether further review is necessary, and how to
handle the applicant's explanation or dispute. Mistakes can occur when an
employer relies on an automated recommendation, skips a required assessment,
sends an adverse-action notice prematurely, or fails to consider information
supplied by the candidate. These situations require HR to understand both the
legal requirements and the practical steps involved in reaching a defensible
hiring decision.
This
webinar examines criminal background screening through actual hiring situations
that HR professionals routinely encounter. The speaker will explain how to
review questionable records, evaluate convictions against specific job
responsibilities, conduct individualized assessments where required, and
document the reasons supporting a proposed hiring decision. Particular
attention will be given to the FCRA pre-adverse-action process, candidate
disputes, required notices, applicable response periods, and the additional
steps imposed by selected state and local laws.
Attendees
will also examine how screening-company recommendations, automated rejection
settings, and hiring-manager decisions can create problems when the appropriate
review procedures are overlooked. Practical examples will illustrate how to
handle disputed reports, determine whether a conviction warrants further
consideration, respond to additional information from applicants, and complete
the appropriate procedures before withdrawing an employment offer. The session
will provide HR professionals with a practical framework for reviewing their
current screening practices and handling difficult background-check decisions
with greater confidence.
Areas
Covered in the Session
- The
EEOC's October 2026 guidance withdrawal and its impact on employer screening
policies.
- Criminal-history
inquiries, conditional job offers, and permissible background-check procedures.
- FCRA
disclosures, written authorization, and employer responsibilities when using
screening companies.
- Arrest
records, convictions, pending charges, sealed records, and inaccurate
background reports.
- Evaluating
criminal convictions against job duties, relevant risks, and mitigating
circumstances.
- Individualized
assessments and documenting decisions involving potential disqualification.
- Pre-adverse-action
notices, required disclosures, and applicable waiting periods.
- Handling
candidate disputes, corrected reports, rehabilitation evidence, and
reconsideration requests.
- Final
adverse-action notices, hiring decisions, and supporting documentation.
- California,
Illinois, Washington, and New York City screening requirements and common
compliance mistakes.
- Screening-company
recommendations, automated rejection systems, and hiring-manager
responsibilities.
- Practical
hiring scenarios involving disputed records, proposed offer withdrawals, and
adverse-action procedures.
Why
Should You Attend?
The
EEOC's October 2026 withdrawal of its criminal background screening guidance
has raised important questions for employers. Understanding what has changed,
which legal obligations remain, and whether existing screening procedures need
attention will help HR professionals make informed hiring decisions.
Criminal
background checks can become difficult when reports contain disputed
information, convictions raise concerns about job suitability, or hiring
managers push for immediate disqualification. This webinar will help you
evaluate these situations, determine when additional review is necessary, and
document decisions while complying with applicable federal, state, and local
requirements.
You
will gain practical guidance on FCRA pre-adverse-action procedures, candidate
responses, final notices, and common screening mistakes. Realistic hiring
scenarios will help you identify weaknesses in your current process and handle
background-check decisions with greater confidence.
Who
Will Benefit?
This
webinar is designed for HR, recruitment, and compliance professionals
responsible for criminal background screening, evaluating applicant records,
and making or reviewing hiring decisions. Professionals involved in employment
screening policies, FCRA compliance, and adverse-action procedures will
particularly benefit; those include:
- Human
Resources Directors
- Human
Resources Managers
- Talent
Acquisition Directors
- Talent
Acquisition Managers
- Recruitment
Managers
- HR
Business Partners
- Employee
Relations Managers
- Background
Screening Specialists
- Pre-Employment
Screening Coordinators
- HR
Compliance Managers
- Employment
Compliance Specialists
- In-House
Employment Counsel
- FCRA Compliance Specialists
- Background Screening Compliance Managers
Eric
Caldwell is an Employment Law Specialist with over 20 years of experience
advising employers on federal and state employment law, workplace compliance,
HR policy development, and employee relations risk management.
Throughout
his career, Eric has worked with organizations across a wide range of
industries, helping HR professionals and management teams understand their
legal obligations and apply them to everyday employment decisions. His areas of
experience include multistate employment law compliance, workplace policies,
employee documentation, consistent policy enforcement, and the management of
legal risks associated with employment decisions. His work emphasizes
identifying compliance gaps, establishing appropriate procedures, and helping
employers maintain consistent and legally sound practices.
Eric is known for explaining complex employment law requirements in a clear, practical manner, with particular attention to how employers evaluate sensitive employment matters, document their decisions, and manage compliance responsibilities. His experience with multistate employment laws and HR policy administration provides a valuable perspective on the challenges employers face when hiring practices, employee screening procedures, and workplace decisions are subject to differing federal, state, and local requirements.
Enrollment Options
Tags: Criminal Background Checks, EEOC 2026, FCRA Compliance, Background Screening, Criminal History Checks, Hiring Compliance, Pre-Adverse Action, Adverse Action Notices, Fair Chance Hiring, Employment Law, HR Compliance, Talent Acquisition, Background Check Policies, Individualized Assessment, State Hiring Laws, Eric Caldwell, November 2026,

