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.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
What Is Unemployment Discrimination?
- Unemployment and Gaps in Employment
- Why Do Employers Care?
Have Unexplained Employment Gaps Become More Important Given the Increasing Restrictions on Using Criminal Records?
- What Is the Scope of the Problem?
Legal and Practical Reasons for Employers to Consider Hiring Unemployed Individuals
- Discrimination Against Unemployed Workers Can Form the Basis of a Discrimination Lawsuit
- Discrimination Specifically Banned in a Few Jurisdictions
- Given the Current Economy, Employers Need to Look at Labor Sources They May Have Previously Avoided
Do Workers Really Lose Skills or Knowledge Due to Absence From the Workforce?
Specific Discrimination Issue
- Does It Create Gender Discrimination or Age Discrimination?
- If Employment Lapses Caused by Medical Issues, Does That Violate Rights?
Dealing With Questions About Past Unemployment History in Interviews, Reference Checks, and Job Announcements
Specific Issue - Hiring Ex-Offenders
- How Criminal Records Have Become the New Scarlet Letter for Ex-Offenders
- Why Employment Opportunities Are the Best Way to Combat the High Societal Costs of Recidivism
- Why Ex-Offenders Represent a New Source of Labor for Some Employers and Industries
- Issues Associated With Criminal Records, Including Ban the Box, Fair Chance Hiring, and the EEOC Guidance of 2012
- Special Issue With Obtaining, Understanding, Evaluating, and Legally Using Criminal Records
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on June 28, 2023.
Call 1-866-352-9540 for further credit information.
- ASA 1.0
- This program may qualify for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]. Please retain proof of attendance in the event your CE record is audited.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.0
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.0
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
HR Certification Institute 1.0
- This E-Learning program has been pre-approved for 1.0 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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