Employers walk a fine line in the hiring process. Their need to evaluate applicants creates an appetite for relevant and substantive information. But they also face a host of restrictions on what they should—and should not—know or do. In this program, we’ll provide guidance on how you can effectively evaluate applicants without running afoul of any federal laws or regulations.

The EEOC recently issued guidance on the use of arrest and conviction records in employment decisions, and similar communication is expected on the use of credit history information. The guidance aims to explain when an employment practice will be considered “job related and consistent with business necessity” and therefore lawful, as contrasted with practices that could violate Title VII of the Civil Rights Act of 1964 by having a disparate impact on a protected group. To survive a potential claim, an employer must show that its criminal-record policy is premised on a link between criminal conduct and the risks inherent in a particular position.

We will also cover other considerations during the hiring process, including the EEOC’s statements on the potential discriminatory impact of educational requirements and pre-employment drug and alcohol testing.


12:00 PM - 1:00 PM  ET  |  Webinar


Patricia A. Smith, Partner, Labor and Employment Group
Steven W. Suflas, Partner, Labor and Employment Group

For more information, contact Lora Burns at 215.864.8252 or burnsl@ballardspahr.com.