“Ban the Box” and Background Checks: Understanding Evolving Obligations

Following a string of jurisdictions that have adopted “ban the box” legislation, employers must be ever vigilant about these laws’ complex compliance requirements, while continuing to be mindful of their obligations under the separate, but equally important, Fair Credit Reporting Act. Cities from Los Angeles to Seattle to Philadelphia to New York have enacted “ban the box” ordinances, which significantly restrict employers from inquiring about or using job candidates’ criminal histories in employment decisions. For employers that operate in multiple jurisdictions, how should they address potentially conflicting requirements? And how will all of these changes impact the background screening processes, particularly concerning criminal history information?

Manatt, Phelps & Phillips, LLP, and Scherzer International will lead a complimentary webinar to help employers grapple with the challenging compliance questions related to criminal history. Through a series of case studies and review of recent case law and Equal Employment Opportunity Commission guidance, the presenters will:

  • Share best practices for conducting compliant and effective background searches, taking into account jurisdictional differences.
  • Discuss how the criminal history information that an employer receives can and should be used.
  • Explore the potential basis on which an employer can reject a candidate.
  • Review the adverse action process and waiting period requirements.

Rebecca Torrey, a partner in Manatt’s employment and labor practice group, and Joann Gold, Executive Vice President and Chief Compliance Officer of Scherzer International will co-present this webinar, which will be held Thursday, February 9, from 10:00 a.m. to 11:00 a.m. PT and 1:00 p.m. to 2:00 p.m. ET.

Click here to download the audio recording. To download a PDF of the presentation for your continued reference, click here.

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