On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC or Commission) issued its Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964.In essence, the updated EEOC Guidance addresses the use of background checks as a means of vetting candidates for hire. On Thursday, June 21, HT Staffing is hosting an informative, invitation-only lunch-and-learn seminar to discuss how you can assure your company policies are in line with the Guidance. Our special guest speaker is Sheila Gladstone, Labor and Employment Law Practice Group chair at Lloyd Gosselink Attorneys at Law, an Austin-based firm.
You will learn and garner:
- How to review background screening policies and practices in light of the new guidance
- How to make adjustments needed to the extent practices cannot be justified as job related and consistent with business necessity
- Information about a wide variety of current legal issues as they relate to human resources and recruiting, such as credit checks, internet presence checks, job descriptions, new protected classifications and other information to ensure you hire competent employees with good judgment, while still staying within the law
This timely and highly important seminar is a must for anyone in human resource management. To be invited, please call our office at (512) 533-9700. We expect a standing-room-only crowd, so call today.
Summary of the EEOC Guidance
The EEOC Guidance discusses a) the differences between arrest and conviction records, disparate treatment and disparate impact analysis under Title VII and b) two circumstances in which the EEOC believes employers will consistently meet the “job related and consistent with business necessity” defense. In addition, it states that 1) “Compliance with other federal laws and/or regulations that conflict with Title VII is a defense to a charge of discrimination under Title VII” and 2) “State and local laws or regulations are preempted by Title VII if they ‘purport to require or permit the doing of any act which would be an unlawful employment practice’ under Title VII.”
About Lloyd Gosselink Attorneys at Law and Shelia Gladstone
Since being founded as one of the first environmental law firms in Texas, the Lloyd Gosselink firm has developed new areas of expertise to meet clients’ evolving demands. Lloyd Gosselink has grown its practices in governmental relations, carbon management and climate change, business transactions, commercial litigation and employment law.
Sheila Gladstone heads the Lloyd Gosselink Labor and Employment Practice Group and assists public and private sector employers with all aspects of labor and employment law.
Her practice focuses on counseling employers on the legal issues involved in personnel decisions, auditing employment practices for legal compliance, assisting with strategic decisions that affect personnel, conducting internal investigations of employee complaints, reviewing policies, conducting management training, defending employers in administrative proceedings, investigating and negotiating demands and working with trial lawyers on employment law issues throughout the litigation process.
Shelia is a frequent speaker and published author on employment-related issues.