The Interplay Between the FCRA, The Equal Employment Opportunity Commission and Ban the Box in the Hiring Process

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The Interplay Between the FCRA, The Equal Employment Opportunity Commission and Ban the Box in the Hiring Process

Reviewed

January, 2024

Bob McKenzie

Learning Objectives

To discuss your rights and responsibilities under the Fair Credit Reporting Act, The Equal Employment Opportunity Commission Guidelines, and state and municipal regulations on Ban the Box.
To analyze the steps that must be taken in the recruitment process to be following the myriad of regulations.
To explain Negligent Hiring and how to avoid it in the hiring process.

Course Description

The Federal Consumer Protection Bureau issued a final rule summarizing consumer rights under the Fair Credit Reporting Act in 2019 when conducting background checks on potential new employees. Additionally, many states and municipalities have passed “Ban the Box” legislation making it illegal to ask about criminal convictions on an employment application.

The Equal Employment Opportunity Commission has added to the confusion by publishing its guidelines on the use of background checks for hiring purposes. Wading through all the pre-hiring regulations has become burdensome for employers to understand their compliance requirements.

Even more perplexing for employers are the reporting requirements for adverse actions which require you to notify the applicant of a disqualifying item on the results of the background check and give them time to refute the results.

Couple all of this with protecting employers from negligent hiring and retention lawsuits and you know why many human resources professionals are pulling their hair out trying to be complying while making good hiring decisions.

This CPE webinar by Bob McKenzie will review the intricacies of dealing with all of the above to recruit and retain the best employees possible.

This PDC/RCH course will concentrate on:

A thorough review of the Fair Credit Reporting Act in the hiring process.
When to send Adverse Action Notices?
Protect your organization from negligent hiring and retention lawsuits.
Understanding the Equal Employment Opportunity Commission guidelines on background and credit checks.
What is “Ban the Box” and how does it affect hiring decisions?
Making it all work together.

Overview

FCRA and Conducting background checks

3 mins
Ban the box legislation by state

8 mins
EEOC involvement

13 mins
Negligent hiring and retention

29 mins
Adverse actions

40 mins

Webinar Qualifies For

1.5 CPE Credit of Personnel/Human Resources for Certified Public Accountants (CPA-US)
1.5 General Credit of Personnel/Human Resources for Accountant/Bookkeeper/Tax Professionals
1.5 PDC Credit of Legal update for SHRM Professionals (Approval No. 24-UC6ET)
1.5 RCH Credit of HR (General) for Human Resource Certification Institute (HRCI) (Approval No. 649614)
1.5 CPE Credit of Personnel/Human Resources for Iowa Licensed Public Accountant (IA-LPA)
1.5 CPE Credit of Personnel/Human Resources for Maine Licensed Public Accountant (ME-LPA)
1.5 CPE Credit of Personnel/Human Resources for Delaware Licensed Public Accountant (DE-LPA)

About Instructor

Bob McKenzie

President, McKenzieHR

Bob McKenzie has over 40 years of human resources management experience. His background includes a wide range of hands-on HR practices including in all aspects of Human Resources. And is a variety of industries in with private sector, public sector and nonprofit employers.

Bob has been cited in a number of Human Resources trade publications. Among them are HR.com, HR Magazine, HR Florida Review, Vault.com, BNA and the Institute of Management and Administration and the Business Journals. He has been a speaker at a number of conferences as well as audio and web-based seminars.

Bob is a graduate of Rider University where he received a Bachelor of Science in Commerce Degree and double majored in Industrial Relations and Organizational Behavior and lives in Brunswick, GA.

Additional Information

Duration

1.5 Hours

Course Level

Basic

Instructional Method

QAS Self Study

Pre-requisites

None

Advance Preparation

None

FAQ’s

Click Here to View

NASBA APPROVED

MY-CPE LLC, 1600 Highway 6 south, suite 250, sugar land, TX, 77478

MY-CPE LLC (Sponsor Id#: 143597) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.NASBARegistry.org.

Ratings and Review

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Monicia Hagewood, SHRM

Very Informative Webinar.

Robert Schmidt, CIA, CPA (US), IAP, QB Pro Advisor, SHRM - CP

Nothing comes to mind

Lori Lori4723@msn.com, HRCI, PHR

Amy James, HRCI, PHR

thank you

TAG

Tadelech Ayele Gedlu, SHRM

great

1.5 Credits

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Personnel/Human Resources

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The Interplay Between the FCRA, The Equal Employment Opportunity Commission and Ban the Box in the Hiring Process

Course Details

Learning Objectives

Course Description

Overview

Qualifies for

Webinar Qualifies For

Presenter Details

About Instructor

Bob McKenzie

Other Details

Additional Information

1.5 Hours

Basic

QAS Self Study

None

None

FAQ’s

NASBA APPROVED

Ratings and Review

4.5

Monicia Hagewood, SHRM

Robert Schmidt, CIA, CPA (US), IAP, QB Pro Advisor, SHRM - CP

Lori Lori4723@msn.com, HRCI, PHR

Amy James, HRCI, PHR

Tadelech Ayele Gedlu, SHRM

Subject Area

Unlimited Access Plan

Inclusions

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