The Use of Criminal Records in Hiring Compliance Risk and Opportunity

With an estimated one in three Americans having been arrested, many job applicants have a criminal records background. Various local, state, and federal laws and regulations govern an employer’s use of an applicant’s criminal records information. But how to comply? Employers have the difficult task of assessing job qualifications and deciding what effect applicants’ criminal histories will have on their hiring decisions.

Join us as we discuss the compliance considerations for a cross-section of applicable laws and opportunities employers have for finding qualified applicants with criminal records backgrounds. This program will combine employer-side guidance (from Morgan Lewis) with advocacy group perspectives (from the Mayor’s Office of Reentry, the Department of Justice, the Lawyers’ Committee for Civil Rights Under Law, the National HIRE Network, and the National Workrights Institute) on the legal landscape and risk considerations for hiring individuals with criminal records backgrounds. Representatives of the Department of Justice (DOJ) will discuss DOJ's objectives for employers to hire applicants with criminal records backgrounds. Leaders from civil rights organizations who have worked with the Equal Employment Opportunity Commission (EEOC) will provide insight on the EEOC’s Guidance on Arrest and Conviction Records in Employment.

Highlights will include:

• Review of antidiscrimination laws and EEOC criminal records guidance
• Rules for obtaining a criminal background check report under the federal Fair Credit Reporting Act, California Investigative Consumer Reporting Agencies Act, and Consumer Credit Reporting Agencies Act
• Updates on “ban the box” and negligent hiring laws
• Guidance to help employers assess risk and better determine which applicants with records may be good hires
• Lessons learned from employer and workforce development partnerships
• Recent hot cases involving criminal records issues and hiring decisions
• Current research on risk assessments in the employment setting

With comments and presentations from

– The LA Mayor’s Office of Reentry (Mayor Eric Garcetti, invited)
– US Department of Justice
– Lawyers’ Committee for Civil Rights Under Law
– National HIRE Network
– National Workrights Institute

Who should attend?
In-house employment and litigation counsel Human resources professionals Employers seeking guidance on navigating the various laws applicable to applicants with criminal records backgrounds.

For more information or to register, please contact Greta Ito at +1.213.612.7293 or sgreta.ito@morganlewis.com.