How to Avoid Hiring Risky Employees Without Running Into Your Own Legal Risks

Employers strive to make great hiring decisions and, naturally, often require job candidates to undergo background checks to ensure candidates are qualified for the position, trustworthy, and do not pose a risk to the organization or others. Yet, federal, state, and local laws (as well as administrative agencies) have increasingly limited an employer’s right to request or consider an applicant’s or employee’s background check results. In Illinois, the passage of the Employee Background Fairness Act in 2021 has forced employers to navigate a complex set of requirements before withdrawing a job offer based on a candidate’s criminal history, even in situations involving a candidate with serious criminal convictions. In this session, participants will receive updated information regarding the various laws impacting the background check process, how to establish a legally compliant process, best practices to follow when evaluating information in a background check report, and what steps employers can take to minimize legal risks throughout the process. This session also will examine how to effectively document any adverse decisions that are made about a candidate based on the results of a background check report and how to respond if a candidate objects to the employer’s decision.

Continuing Education Offered: 1.50 HRCI, 1.50 SHRM, 1.50 CLE per attendee request prior to event, and 1.50 HR & Management/Supervision Compliance Certificate Credits. HR Certification Institute’s® (www.HRCI.org) official seal confirms that the Illinois Chamber meets the criteria for pre-approved recertification credit(s) for any of HRCI’s eight credentials, including SPHR® and PHR®.