Get the information needed to understand the legal issues associated and benefits associated with screening unemployed job applicants.
Many employers struggle to balance their need for information about potential applicants, given the high costs of even a single bad hire with understanding their legal obligations and the risks of using certain available tools to screen job applicants. Unemployed applicants pose unique issues and are more likely to bring a failure to hire discrimination claim. This topic empowers recruiters and HR professionals with the information needed to understand the legal issues, the benefits, and the attendant risks of the most common background screening tools and practices, with particular focus on consideration of unemployed applicants. Explore recent EEOC focus and emerging trends and best practices, along with the growing use of social media and internet tools. Given the growing number of failure to hire claims in today's challenging job market, the increasing frequency of FCRA and EEOC actions related to hiring practices and applicant investigation, failing to understand how to properly use these tools can turn valuable candidate selection information into a source of significant legal exposure for your company.
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
What Is Unemployment Discrimination?
- Unemployment and Gaps in Employment
- Why Do Employers Care?
- What Is Scope of Problem?
Legal and Practical Reasons for Employer to Consider Hiring Individuals Who Are Unemployed
- Discrimination Against Unemployed Workers Can Form the Basis of a Discrimination Lawsuit
- Discrimination Specifically Banned in a Few Jurisdictions
- Given the Current Economy, Employers Need to Look at Labor Sources They May Have Previously Avoided
Specific Discrimination Issue
- Does It Create Gender Discrimination or Age Discrimination?
- If Employment Lapses Caused by Medical Issue, Does That Violate Rights?
Dealing With Questions About Past Unemployment History in Interviews, Reference Checks and Job Announcements
Specific Issue - Hiring Ex-Offenders
- How Criminal Records Have Become the New Scarlet Letter for Ex-Offenders
- Why Employment Opportunities Are the Best Way to Combat the High Societal Costs of Recidivism
- Why Ex-Offenders Represent a New Source of Labor for Some Employers and Industries
- Issues Associated With Criminal Records, Including Ban the Box, Fair Chance Hiring, and the EEOC Guidance of 2012
- Special Issue With Obtaining, Understanding, Evaluating and Legally Using Criminal Records
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on March 30, 2020.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty

Lester S. Rosen, Esq.
Employment Screening Resources® (ESR)
- Attorney, Founder, and CEO of Employment Screening Resources® (ESR)
- Practice emphasizes all aspects of background screening and due diligence in hiring
- Conducts regular seminars and workshops on background screening
- Regular speaker at national and statewide HR Conferences
- Author of The Safe Hiring Manual and The Safe Hiring Audit
- Chairperson of the steering committee that founded the Professional Background Screening Association (PBSA), the professional trade organization for the background screening industry, where he was elected to the first board of directors and served as the first co-chairman in 2004 and received the Lifetime Achievement Award in 2019
- J.D. degree, University of California at Davis School of Law; graduate, Phi Beta Kappa honors, UCLA
- Can be contacted at 888-999-4474, [email protected], https://twitter.com/esrcheck or https://www.linkedin.com/in/lesterrosen/
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Why Lorman?
Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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