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

Close to 90% of employers run background checks on some applicants or employees, to keep the workplace safe, hire well and avoid negligent hiring claims. But "ban the box" rules have spread widely, and checks must now fit fair hiring requirements. This 60-minute webinar shows how to implement criminal background checks without violating them.

Ban the box means removing the application question asking whether a candidate has ever been convicted of a crime. Hawaii adopted the concept first in 1998, and formerly incarcerated people and their families launched the campaign in 2004. The goal is to judge candidates on their ability to do the job.

With 70 million U.S. adults having arrest or conviction records, the economic stakes are high.

• Explain the reasons for ban the box and how it began
• Navigate ban-the-box restrictions and know when you may ask about criminal history
• Apply EEOC guidance on arrest and conviction records
• Implement background checks that comply while avoiding negligent hiring claims
• Build policies, procedures and tools that meet the rules
• Make sure background screening vendors comply

• Why ban the box exists and how it started
• Restrictions under ban-the-box rules and how to navigate them
• Which states require employers to follow ban-the-box rules
• Where in the selection process it's acceptable to ask about criminal history
• EEOC guidance and goals for background check screening
• Implementing criminal background checks that meet ban-the-box guidelines
• Avoiding negligent hiring claims
• Policies, procedures and tools for compliance
• Managing third-party administrators and vendors that perform background screening

The EEOC's 2012 enforcement guidance on arrest and conviction records under Title VII encourages employers to judge candidates on qualifications, not records, partly to avoid excluding groups with higher incarceration rates. Employers must know which states' laws apply, or risk Title VII claims.

The session suits employers of all sizes, business owners, company leadership, managers and supervisors, and compliance and HR professionals.

• All Employers
• Business Owners
• Company Leadership
• Small business owners
• Managers/Supervisors
• Compliance professionals
• HR professionals

Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors.  Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations. 
Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).