How to Implement Criminal Background Checks without Violating Current Ban the Box Law

Recent Updates from EEOC on Ban the Box Law

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About The Event

Close to 90% of employers conduct background checks on some segment of their employees/job applicants. Conducting background checks is a normal part of business especially if you want to have a safe work environment and hire quality employees. Additionally, employers have the added pressure to ensure they avoid negligent hiring claims. Employers need to balance their concerns for hiring quality employees with compliance of fair hiring practices. The “Ban the Box” campaign has spread far and wide. It is not easy to navigate this landmine and stay within regulations.

Prior to “Ban the Box” Initiatives (also called Fair Chance), effective 2012, the Equal Employment Opportunity Commission (EEOC) updated the “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964”. In this guidance, it was clear the position taken by the EEOC was to reduce discrimination against people who were convicted of crimes and served their time. The EEOC encourages employers to judge candidates not by their arrest or conviction record but by their qualification and ability to perform the job. One of the goals of the EEOC’s guidance was to help people in demographic groups with higher incarceration rates (identified as Black and Latinos as per the EEOC) get jobs and not be excluded from the candidate pool due to a criminal history.

There are 70 million US adults with arrests or conviction, many who are turned away from applying due to employers asking about previous criminal records. The cost of these adults on the economy is estimated at $78K-$87K in losses in one year. Employing the formerly incarcerated has a positive impact in the economy. Increases tax contributions and saves money by keeping people out of the penal system.

Employers need to be concerned about “not” considering candidates with criminal records in their employment pool as more states and employers “Ban the Box”. It is critical for employers to be aware of which states have established laws eliminating this initiative which can impact them and have them at risk of violating the Title VII Civil Rights Act. Yes, employers can be sued.

Areas Covered

  • History of Ban the Box and how it impacts minority employees
  • Equal Employment Opportunity Commission (EEOC) Guidance on Criminal Background checks and “protected classes”
  • Current regulations prohibiting criminal background checks in certain states, counties and local ordinances
  • tools to mitigate the new “Ban the Box” regulations to minimize risk of discrimination
  • The need to update Employer policies and Employee Handbooks to adapt to new regulations
  • How a Third-party Administrators can assist your screening process
  • Developing a risk-free adverse action process

Learning Objectives

  • Prepare employer’s in navigating the “Ban the Box” initiative by balancing the needs of the business with compliance of the regulations.
  • Identify the process in selecting candidates based on the employee’s experience and qualification instead of prejudging them based on their conviction.
  • Teach Employers which states require employers to adhere to the guidelines
  • Provide an understanding of the EEOC guidelines and goals
  • How to ensure you are not violating the “Ban the Box” initiative by integrating appropriate policies and procedures that meet the regulation guidelines
  • What tools are there to mitigate “Ban the Box” regulations
  • Where in the applicant/candidate selection process is it OK to ask about criminal history?
  • What steps can you take to ensure you are not charged with negligent hiring
  • How to manage Third Party Administrators (TPA) or Vendors who are preforming background screening services to ensure they are compliant

Who Shoud Attend:

  • Human Resources professionals
  • Compliance/ Risk Management professionals
  • Talent Management/Talent Acquisition professional
  • Supervisors/Managers
  • Employers and Business Owners
  • Anyone with responsibilities in hiring and on-boarding employees

Bonus Handouts

Attendees will receive these Resources by email request

  • Decision Matrix Template to assist you in creating a risk free criminal background check screening assessment process
  • Sample Background Screening Policy Template


Industries: Human Resource, HR Compliance
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Margie Faulk

Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for Federal Defense Contracting Industry, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives globally which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few.

Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations.

Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).

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