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Home > Update on Recent Developments with Criminal Records Checks in the Hiring Process

2017 Employment Law & Legislative Conference
Get an overview of recent developments in state and federal laws and regulations as well as guidance on the use of criminal history in the application and employment process.
PowerPoints/Handouts Available

In 2012, the Equal Employment Opportunity Commission issued guidance on using criminal history checks in the employment screening process. In the few years since then, the federal government has revised its approach to criminal records checks in its policies with federal contractors. Likewise, several states have amended their laws regarding employers’ use of criminal checks in initial screening and hiring decisions. In short, employers covered under these federal and state requirements now generally focus on an applicant’s criminal convictions and not arrests. The reasoning behind these policy changes include the disparate impact of arrest records on racial minorities as well as labor shortages in some industries and the growing sentiment toward giving the formerly incarcerated a fair chance at new employment. Employers, at the same time, want to avoid the risk of bad hires while still complying with applicable laws and regulations. This session will review the current state of the law and best hiring and screening practices for employers in this changing environment. In this session, you will:

  • Review statistics related to incarceration, rehabilitation and labor shortages as well as policy initiatives to give applicants with a criminal history an opportunity at a fresh start.
  • Learn tips and best practices regarding changes to policies and forms to reduce the risk of discrimination claims.
  • Discuss how employers should balance safety and security concerns with efforts to give applicants with a criminal history workplace opportunities.
 
Date(s) & Time(s): 
Tuesday, March 14, 2017 - 11:00am to 12:15pm
Presenter: 
Jim Reidy, Esq.
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Sheehan Phinney Bass & Green PA
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Attorney James P. (“Jim”) Reidy is a management-side labor and employment lawyer. He is a partner in the New England based law firm, Sheehan Phinney Bass & Green, PA, where he is the Chair of the firm’s Labor and Employment group. His practice focuses on prevention, training and compliance but he also handles matters when claims arise.

He has more than 35 years of experience in the field and been a media resource on workplace law for media outlets including CNN, The Washington Post, The Wall Street Journal, The New York Times Business Magazine, Bloomberg, NPR, The Associated Press, NPR Market Place, Buzz Feed, Law 360, Inc. Magazine, The HR Power Hour, HR Breakroom, SKI Magazine and HR Magazine as well as several local/regional publications.

In 2020 Jim was inducted as a Fellow in the College of Labor and Employment Lawyers. 

Chambers USA and New England Super Lawyers have ranked Jim in the Top Tier of management-side employment lawyers for each year of the last 15 years. Best Lawyers USA named Jim the 2022 Lawyer of the Year for Labor and Employment Law (Manchester, NH) and the NH Business Review named him one of the top 200 most influential business leaders in New Hampshire.

Jim has been a presenter regularly at SHRM’s Legal and Legislative Conference in Washington, DC as well as SHRM’s annual conferences.

SESSIONS:
Location: 
Congressional C
Amount of Credit: 
1.25
Credit Type: 
•SHRM PDCs
Session Type: 
Concurrent Session
Competency: 
HR Expertise
Business Acumen
Intended Audience: 
Mid-Level

Source URL: https://sessions-cron.shrm.org/conference/2017-employment-law-legislative-conference/session/update-recent-developments-criminal