The Dos and Donts of Conducting Employee Criminal Background Checks: Staying Compliant with Regulations

10 Minutes excerpt from the recorded event for your review: 

Read the LinkedIn Article: 

LinkedIn Article - Deep Dives with Expert Margie Faulk on Employee Background Checks

In this LinkedIn article we've encapsulated the entire session's discussions and insights.

Overview:

Criminal background checks have long been a critical component of the hiring process in the United States, evolving significantly over the past few decades. Originally focused on protecting organizational assets and public safety, these checks have expanded to address broader concerns such as workplace safety and compliance with federal and state regulations. In recent years, the landscape of background screening has continued to evolve, particularly with new laws and societal attitudes shaping how these checks are conducted.

In late 2019, a defense funding bill introduced a prohibition against employers with federal contracts asking about a job applicant's criminal history, which took effect in late 2021. This marked a significant shift towards protecting the rights of individuals with criminal records while balancing the need for workplace safety. As we stand in 2024, this regulatory landscape continues to influence how employers approach criminal background checks.

Companies today remain deeply concerned about the safety of their workers and customers, as well as their own assets and public image. Many employers have found that the best approach to hiring individuals with criminal backgrounds is to evaluate each candidate on their merits, similar to their approach for all candidates. However, some employers are considering reducing or eliminating the criminal background screening process, which can be a mistake and potentially result in negligent hiring. Screening a job applicant’s background helps employers make safe and well-informed decisions about their trustworthiness and competency.

Criminal background checks are often essential, especially in regulated industries or sectors serving vulnerable populations like children, the elderly, or the disabled. Employers must navigate various types of searches, such as state criminal records repositories or nationwide searches, to gather comprehensive background information. Each type of search can yield different records, underscoring the importance of a thorough and well-planned screening process.

In 2024, HR professionals face several challenges, including staying compliant with evolving regulations, avoiding negligent hiring, and ensuring a fair and non-discriminatory screening process. Additionally, the use of social media and AI in screening processes poses significant risks and potential legal issues, further complicating the background check landscape.

This session aims to equip HR professionals with practical advice and actionable strategies to effectively navigate these challenges. Participants will gain insights into the latest federal regulations, the importance of thorough background checks, and the risks associated with different types of criminal background searches. Understanding these aspects will help HR professionals make well-informed hiring decisions, protecting their organizations from potential risks and ensuring a fair and compliant hiring process.

By the end of the session, you will be better equipped to conduct effective and compliant criminal background checks, making informed decisions that safeguard your organization and uphold its values.

What you'll learn:

• What new regulations about criminal background checks have been added to the Federal regulatory industry
• Learn how criminal background checks are a critical part of onboarding and avoiding negligent hiring.
• Learn what the negative implications are of using social media as a screening process
• Learn what types of criminal background searches can put an Employer at risk
• Learn what the impact is when Employers
• Learn why regulations are protecting formerly incarcerated individuals in the workplace.
• Learn what states have Ban the Box mandated protections.
• Learn what the process is when conducting a criminal background check.
• Learn what the requirements are when you rescind an offer of employment after learning about the results of a criminal background check.
• What are the proper requirements if you reject a candidate after the results of a criminal background check

Why you should attend?

Employers who use criminal records in their hiring decisions need to be aware of applicable federal and state laws. The Fair Credit Reporting Act (FCRA) governs how employers obtain and handle consumer reports, which include standard background checks. Legal compliance with these laws is essential, especially when considering formerly incarcerated applicants for hire.

In the current job market, many employers are considering reducing or eliminating criminal background checks due to labor shortages. However, understanding the importance of these checks and maintaining compliance with relevant regulations is crucial to making informed and safe hiring decisions.

Attending this session will provide you with the knowledge and tools necessary to navigate these complexities effectively, ensuring that your organization remains compliant while making sound hiring choices.

Who should attend?

• Human Resources Managers
• Talent Acquisition Specialists
• Hiring Managers
• Compliance Officers
• Legal Counsel
• HR Generalists
• Employee Relations Managers
• Operations Managers
• Risk Management Officers
• Recruitment Coordinators
• HR Business Partners
• Corporate Trainers
• Safety and Security Managers
• Organizational Development Managers
• Equal Employment Opportunity (EEO) Officers