The U.S. prison and parolee population—currently 750 per 100,000 U.S. residents—grows incrementally every year, according to Department of Justice statistics. For employers, this statistic indicates that without doing thorough applicant background checks, it is only a matter of time before a convicted felon will be put on the payroll. To avoid liability, background checks are a must. However, what if the background check comes back with an arrest but not a conviction? Be careful if you think, "don't hire." A number of states prohibit discrimination based on arrest records, and you may be creating a disparate impact against minorities. And what if 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? We'll discuss these and other employer challenges in this informative Webinar and give you the knowledge you need to minimize your risks.

• 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

Moderator:
Amy K. Jensen, Esq.
Hinshaw & Culbertson, LLP

Ms. Jensen focuses her practice in the area of labor and employment law. She handles matters involving discrimination, harassment, disability and retaliation claims. Ms. Jensen earned her J.D. from The John Marshall Law School.