Better deal with the legal and practical issues involved with using employment history as a barometer for evaluating applicants.
Many job applicants find themselves at a disadvantage if they are currently unemployed or have significant gaps in their employment history. Employers may be concerned that unemployment reflects poorly on an applicant's ability or fitness for the job or may reflect poor past job performance. However, such an approach can also adversely impact workers who are unemployed through no fault of their own or left the workforce for legitimate reasons such as caring for children or family members or dealing with medical issues. In addition, ex-offenders with prior criminal records may run into barriers as well. At the same time, with record-low unemployment, businesses may find the need to look for new sources of labor, and overlooking unemployed applicants could mean they are missing an opportunity to locate additional talent.
Learn how to better deal with the legal and practical issues involved with using employment history as a barometer for evaluating applicants and examining if they are artificially limiting the potential applicant pool. Employers need to consider if using employment history can be discriminatory by adversely impacting applicants based on gender, age, or medical condition. This material will focus on the employment of ex-offenders who may have significant employment gaps caused by incarceration and will include a discussion of the EEOC Guidance on criminal records, Ban the Box and Fair Chance hiring laws, as well as studies showing that hiring ex-offenders has been a successful strategy for numerous employers. This topic will also cover laws that prohibit hiring based on unemployment or advertising that current employment is a job requirement. This material also reviews if a long absence from the workforce results in a derogation of skills and solutions to that problem.
Agenda
Faculty
Lester S. Rosen, Esq.
Employment Screening Resources® (ESR)
- Attorney at Law and founder of Employment Screening Resources, a service offering of ClearStar
- Experienced in background checks, safe hiring, due diligence, and legal compliance
- Frequent presenter at national and regional human resources and security conferences, as well as numerous national webinars
- Author of The Safe Hiring Manual, the first comprehensive book on employee screening
- Chairperson of the steering committee that founded the Professional Background Screening Association (PBSA), the official voice of the background screening industry, and served as the first co-chairman in 2004
- Recipient of the PBSA Lifetime Achievement award in 2019
- J.D. degree, University of California, Davis School of Law; B.A. degree, University of California, Los Angeles
- Can be contacted at [email protected]
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