10 Minutes excerpt from the recorded event for your review:
Read the LinkedIn Article:
LinkedIn Article - Deep Dives with Expert Margie Faulk on Employee Background Checks
In this LinkedIn article we've encapsulated the entire session's discussions and insights.
Overview:
Criminal
background checks have long been a critical component of the hiring process in
the United States, evolving significantly over the past few decades. Originally
focused on protecting organizational assets and public safety, these checks
have expanded to address broader concerns such as workplace safety and
compliance with federal and state regulations. In recent years, the landscape
of background screening has continued to evolve, particularly with new laws and
societal attitudes shaping how these checks are conducted.
In
late 2019, a defense funding bill introduced a prohibition against employers
with federal contracts asking about a job applicant's criminal history, which
took effect in late 2021. This marked a significant shift towards protecting
the rights of individuals with criminal records while balancing the need for
workplace safety. As we stand in 2024, this regulatory landscape continues to
influence how employers approach criminal background checks.
Companies
today remain deeply concerned about the safety of their workers and customers,
as well as their own assets and public image. Many employers have found that
the best approach to hiring individuals with criminal backgrounds is to
evaluate each candidate on their merits, similar to their approach for all
candidates. However, some employers are considering reducing or eliminating the
criminal background screening process, which can be a mistake and potentially
result in negligent hiring. Screening a job applicant’s background helps
employers make safe and well-informed decisions about their trustworthiness and
competency.
Criminal
background checks are often essential, especially in regulated industries or
sectors serving vulnerable populations like children, the elderly, or the
disabled. Employers must navigate various types of searches, such as state
criminal records repositories or nationwide searches, to gather comprehensive
background information. Each type of search can yield different records,
underscoring the importance of a thorough and well-planned screening process.
In
2024, HR professionals face several challenges, including staying compliant
with evolving regulations, avoiding negligent hiring, and ensuring a fair and
non-discriminatory screening process. Additionally, the use of social media and AI in
screening processes poses significant risks and potential legal issues, further
complicating the background check landscape.
This
session aims to equip HR professionals with practical advice and actionable
strategies to effectively navigate these challenges. Participants will gain
insights into the latest federal regulations, the importance of thorough
background checks, and the risks associated with different types of criminal
background searches. Understanding these aspects will help HR professionals
make well-informed hiring decisions, protecting their organizations from
potential risks and ensuring a fair and compliant hiring process.
By
the end of the session, you will be better equipped to conduct effective and
compliant criminal background checks, making informed decisions that safeguard
your organization and uphold its values.
What
you'll learn:
- What
new regulations about criminal background checks have been added to the Federal
regulatory industry
- Learn
how criminal background checks are a critical part of onboarding and avoiding
negligent hiring.
- Learn
what the negative implications are of using social media as a screening process
- Learn
what types of criminal background searches can put an Employer at risk
- Learn
what the impact is when Employers
- Learn
why regulations are protecting formerly incarcerated individuals in the
workplace.
- Learn
what states have Ban the Box mandated protections.
- Learn
what the process is when conducting a criminal background check.
- Learn
what the requirements are when you rescind an offer of employment after
learning about the results of a criminal background check.
- What
are the proper requirements if you reject a candidate after the results of a
criminal background check
Why
you should attend?
Employers
who use criminal records in their hiring decisions need to be aware of
applicable federal and state laws. The Fair Credit Reporting Act (FCRA) governs
how employers obtain and handle consumer reports, which include standard
background checks. Legal compliance with these laws is essential, especially
when considering formerly incarcerated applicants for hire.
In
the current job market, many employers are considering reducing or eliminating
criminal background checks due to labor shortages. However, understanding the
importance of these checks and maintaining compliance with relevant regulations
is crucial to making informed and safe hiring decisions.
Attending
this session will provide you with the knowledge and tools necessary to
navigate these complexities effectively, ensuring that your organization
remains compliant while making sound hiring choices.
Who
should attend?
- Human
Resources Managers
- Talent
Acquisition Specialists
- Hiring
Managers
- Compliance
Officers
- Legal
Counsel
- HR
Generalists
- Employee
Relations Managers
- Operations
Managers
- Risk
Management Officers
- Recruitment
Coordinators
- HR
Business Partners
- Corporate
Trainers
- Safety
and Security Managers
- Organizational Development Managers
- Equal Employment Opportunity (EEO) Officers
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations.
Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).