How To Handle Background Checks That Come Back With Arrests Or Convictions

What should you do if an applicant or employee has a criminal history?

It happens more and more often: a background check on an applicant comes back with problems, or you find out after the fact that a new employee has a criminal history. What are the legal requirements, and what should you do?

Learning Objectives:

This audio conference focuses on some of the most-common background check challenges many hiring managers face, such as:

• Background comes back with an arrest, but not a conviction
• Does your state prohibit discrimination based on arrest records?
• A current employee tells you he's going to be "out for a while" because he has to do 90 days of jail time for his second DUI

You Also Will Learn About:

• The employer's "double-edged sword": Keeping the workplace safe by screening out bad hires vs. potentially discriminating against applicants
• Company policies and job descriptions: The keys to applicant screening
• Preemployment background checks: What you need to know to protect yourself from negligent hiring claims
• The FCRA and taking adverse action: How to rescind an offer of employment when a background check comes back with an arrest or a conviction
• How to avoid claims of disparate treatment and disparate impact
• The EEOC's "three-factor test" when considering an applicant with a criminal history
• Understanding how the EEOC views arrests vs. convictions
• Avoiding negligent retention: How to handle a current employee who is now in trouble with the law

About Your Speaker:

Natalie Ivey is President and CEO of Results Performance Consulting, Inc., a firm specializing in leadership and employee development training and continuing education programs for the HR profession.

Ms. Ivey is an author and a national public speaker with more than two decades of leadership and HR management experience with Fortune 500 organizations. She is a member of the Society for Human Resource Management and holds the Senior Professional in Human Resources certification (SPHR). Ms. Ivey is a nationally-known speaker on a variety of topics within the HR profession and is known for her "tell-it-like-it-is", direct approach to teaching HR education.

Ms. Ivey routinely works with individuals, small businesses, and larger corporations to address destructive leadership behaviors and organizational dysfunction. She designs customized training programs to help employers correct poor behaviors, minimize legal exposure, and improve performance and profitability.

HRCI Credits

This program has been approved for 1.5 re-certification credit hours for HRCI's PHR and SPHR designations through the HR Certification Institute. For more information about certification or re-certification, please visit the HR Certification Institute website at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCIs criteria to be pre-approved for re-certification credit.

SHRM Professional Development Credits

This program is valid for 1.5 Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP designations. For more information about certification or re-certification, please visit www.shrmcertification.org.

employee backgrounds