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Legally Obtaining Criminal Records

OnDemand Webinar (87 minutes)

Gain a better understanding of how to stay compliant when using background checks for potential employees.Many employers want to conduct background checks on potential employees to try to insure that they are not hiring a problem employee. There are legal constraints as to when you can get background checks, what information you can use in determining whether to hire someone, and procedures that must be followed when obtaining and using background checks. The laws can be confusing in this area as there are federal, state, and local laws that address employers' use of background checks. Join me as we navigate your obligations under these various laws.


Christina A. Stoneburner, Esq., Fox Rothschild LLP


Benefits and Risks of Using Background Checks

EEOC Guidance on the Use of Background Checks

• An Overview of Disparate Impact Analysis Under Title VII

• Can an Arrest Be Considered?

• When Is a Conviction Job Related and Disqualifying?

Fair Credit Reporting Act Obligations

• Getting the Appropriate Consent From Employees

• Issues With Disclosure Notices

• Time Limits on When Information Can Be Reported

• Pre- and Post-Adverse Action Notices

Ban the Box Laws

• At What Stage in the Interview Process Can Criminal Convictions Be Obtained?

• What Process Must Be Used When Disqualifying an Applicant?

Social Media Searches

• Facebook Laws Regarding Use of Passwords

• Cases of Mistaken Identity

• National Labor Relations Act Considerations - Is the Applicant Engaging in Concerted Protected Activity?

Recordkeeping Requirements

• Top 5 Do's and Don'ts