Angela: Hi everyone and welcome to our webinar the ABCs of Recruiting Compliance my name is Angela Lee and I'm on the marketing team here at Jobvite first you'll notice that all lines have been muted to avoid background noise however we would still love to have your questions so if you want to use the chat box at the bottom of the ready top panel we'll be monitoring it throughout the presentation and saving your questions until the end additionally all attendees will receive SHRM credits by attending this webinar I will be sure to send out the code for this at the end of the session as well now on to the webinar I'll start off first by just running through a quick agenda first we'll be introducing our speakers Chad and Izzy and then we'll talk about how to ensure you're a compliant recruiter we'll move on to discussing rules and regulations around compliance and then finally finish up with a Q & A now I would love to introduce our speakers Chad and Izzy and I'll turn it over to you both to introduce yourselves.
Chad: Wonderful thank you Angela and thank you everyone for taking some time to attend joining us on this webinar today my name is Chad Roudebush and I am the recruitment marketing manager and a recruiter here at Jobvite I've been doing this now for a little over 10 years spent early part of my career in recruitment marketing only and then transitioned over to purely recruiting and now with Jobvite I get to mix both of those worlds I'm Jobvite an avid sports lover anything sports you you've got my full attention so I love sports analogies I love competition I think that's what makes me a good recruiter is the competitive edge so that's a little bit about me and over to Izzy.
Izzy: Thanks tab I'm Melissa McLane that I go by easy and I'm the general counsel for GoodHire and that's an employment background screening company located out in San Francisco I've been at for GoodHire about four years and leads the legal and compliance departments there and help keep our customers out of compliance troubles in the regulatory landscape I'm a huge geek and I'm not afraid to admit it I love sci-fi shows especially a Ray Bradbury theater and Twilight Zone I was bird-watching and some do consider me a subject matter expert and background screen compliance I'm not sure I'd go that far but I certainly love talking about it and I think we have a good amount to discuss today so I'm excited to get started and share some information with you all Thanks.
Angela: Great thanks Chad and Izzy and now I'll turn it over to Chad to talk about how to ensure your a compliant recruiter Chad take it away.
Chad: Wonderful thank you very much yeah so I'm going to take the next few minutes and just discuss a couple of things some tips and tricks some best practices some recommendations to to make sure that as a recruiter that you are holding up your end of the bargain to make sure that you stay compliance I definitely wanted to start off and share some statistics with you the candidates are really ruling and have a lot of control in the job market with the unemployment rate being as low as it is you know things that we can do as recruiters to not only stay compliant to create a good candidate experience you know thinking about your application process and is it compliant and are you taking too much advantage of what the application process looks like that might force some abandonment you know really taking some time to look at that make sure that it's not too cumbersome that's going to deter candidates from continuing through that application process because word-of-mouth is so strong social media is so prevalent in our world and the more candidates have a negative experience they're going to share those on social media not only they're going to share those and it's going to start a trickle-down effect but they're also not probably going to consider your company for future opportunities.
Just taking things into consideration on the front end around you know where we are in the marketplace when it comes to you know being a candidate being a recruiter and and the very small pools that we have to work with with the unemployment rate being as low as it is Thank You Angela so some things that I want to talk about today I'm going to talk about several you know key factors that come into your role as a recruiter staying compliant eliminating bias.
And so when you are screening or interviewing a candidate now you want to create a very positive candidate experience at the same time I'm especially if you are an OFCCP or government contracting company you want to ensure that in complete compliance so some takeaways from the statistics that we shared on the previous slide you know you want to create that you know that comfortability with a candidate and making sure that their their involvement in the process is positive during the screening and it can make or break if a candidate ultimately decides to join your company so you can be creative to create some positive experiences while also ensuring that you do stay compliant with candidates having that upper hand in today's market that positive experience that you can create as a recruiter and then further on in the process with additional interviews can lead to a great hire can lead to potential leads from that hire and even if you don't move forward with an offer for a candidate if they have a positive experience they're going to possibly send you some positive leads because they have such a good in a I'm just always keeping in mind throughout my slides and my talk track today that you know there are ways to maintain that positive experience while staying compliant as a recruit next slide thank you so what can we do to kind of create that experience away some things I definitely recommend are making about the candidate allow them to do most of the talking allowing them to do most of the talking is going to help uncover some of their background which is going to allow you to ask appropriate questions as it relates directly to your company specific compliance guidelines.
I know as recruiters I'm following that category I'm a talker so try your best to you know allow the candidate to elaborate because there's where a lot of your questions are going to be answered okay if it gets towards the end of the interview hold those specific compliance questions until the end a couple of reasons why you might not be moving forward with that candidate therefore those questions might not be relevant if you feel good about moving forward with that candidate you need to ask some more detailed questions to assure that you are compliant I like to and advise everyone to lead with with something along the lines of really quickly mister misses candidate I want to visit some HR related items before we move forward in the process this right out the gate allows them to understand the next line of questioning and puts you in a position that again you're creating that positive experience but asking it in an appropriate way and finally be very specific the more confident that you sound the more professional your line of questioning it's going to come off polished it's going to again a tribute to that positive candidate experience thus ensuring that they feel good about their first interaction with your company.
Acouple of questions and these are again very specific that we ask here at Jobvite and that I definitely recommend our will you now or in the future require sponsorship or are you legally eligible to work in the US having these questions written down in front of you to ask a candidate is very important as the wording can be tricky sometimes you want to make sure that you are abiding by those guidelines so thinking about free screening questions and as it relates to compliancy you know you need to think about these questions and and are they compliant a couple of scenarios that that I definitely wanted to share with you guys today are when you are reviewing a resume or an application if things like the address that that candidate has entered or their work history if they've listed the location of the college that they've attended if those things aren't lining up with any pre-screening questions that you have asked that candidate to answer email them or give them a call especially if they have really relevant experience and you want to talk to them however they their pre-screening questions you know if you auto rejected them or excluded them from moving forward due to your process take the extra couple of minutes to review those and just make sure that things are aligned.
Because we're all human and in some times data entry we might select the wrong drop-down and definitely want to take some time as a recruiter to review those scenario to is preventing bias you know some some things that I've done the past that have worked really well especially if you are a government contractor and you do have OFCCP guidelines that you need to abide by try not looking at a candidate's name or or LinkedIn profile picture if you do have a recruiter license you can work with your representative to have profile pictures removed when you are logged into that recruiter seat this will definitely help eliminate bias as humans we all have them we have implicit biases and we can't really control it one tool that I have always relied on in my career is utilizing Harvard University they put out so many quizzes.
If you just google Harvard and implicit bias you're going to immediately find some tests that you can take some quizzes that do nothing more than purely help you identify the biases that you do have as a human again we all have them but doing some little things like eliminating the pictures of the profile pictures on LinkedIn identifying what biases we do have as individuals will really help you to eliminate those minimize those at best and again that's going to help you with with creating some more restriction on the your compliance number three is utilizing your ATS for her pre-screening questions again some of those examples I gave around argue legal legally eligible to work in the US you currently reside in the US you can ask those in the application process they're quick and easy yes/no questions this is going to help save time it's going to help narrow your candidate pool and more importantly going back to that positive candidate experience if a candidate is ineligible to be considered for opportunity within your company you can create specific messaging that's going to while you're not moving forward that candidate you can send them a nice detailed email it's going to keep that experience positive.
Even though they're getting that rejection email oh this one is something that has been coming up over the last feel like 18 months when it comes to state specific compensation know the laws and regulations in which you're hiring so many of us live in a remote based working world today that many states have implemented actually there's about 13 states that have implemented walls and regulations against asking for compensation information so know which states enforce these better yet and a huge tip that I want you to walk away with and something that I practice is just treating every state that a candidate might reside in the same just completely avoid asking this information I like to ask the question of I'd like to gain an understanding around a salary range that you'd be looking for in a new opportunity.
What this does is you're not asking for their current compensation or salary you're not asking them to provide any details or information while some states still allow this I think it's the best practice as you know is this kind of catches on throughout our country to just treat every state the same and assume that they all are have regulations against obtaining that compensation information during an interview or a phone screen a couple of other things to take into consideration are you government contractor you know do you have specific OFCCP guidelines that you must abide by are you up to date on the Equal Employment Opportunity Commission these are just little things and so many times there are changes that are made that us as recruiters can take ownership of that and just being up to speed on on what those rules and regulations are and you know what are your company specific rules and regulations and just knowing and being educated and doing some research and being cognizant on the front end of what those are so that you can avoid questions that seem harmless during a recruiter screen there's there's so many questions that could violate either of these and sometimes we don't really take them into consideration we as recruiters want to create that positive experience we want candidates to feel comfortable we want them to feel at ease when they're talking to us it really opens up the conversation.
But too many times that can lead us to asking questions about maybe the college they attended where they live or grew up about their family if again wanting to make them feel comfortable this pose a very fine line going down a rabbit hole you do not want to go down you have controlled the conversation make sure that you know you are asking specific questions as it relates to their skills to their experience and and the job specific that they believe considered if a candidate does begin to share information that you've got them to that I'm very comfortable with you Mr. Recruiter and they start talking about family or background or you know the college that they attended you need to redirect that conversation quickly back to the relevancy of the conversation around their skills experiences and in the job you know no candidate is going to take offense if you're like I really appreciate you sharing that but let's you know let's get back on track and I have a few more questions before we get to the end of our time today.
Just take that in consideration that well we want candidates are feel comfortable we need to own and control the conversation this one is really important especially if you are a government contractor and abiding by specific rules and regulations you need to track all communications I recommend real-time I know sometimes that's not possible but track all calls all text emails within your ATS or or any system that you are using because in the event of an audit having those breadcrumbs documented for all candidate interactions is really crucial if a phone call or text conversation takes place be sure to enter the context of that conversation in the candidate profile real-time or at least the same day that timestamp that date that is entered could play a factor down the road if an audit does occur so really taking the time to to make sure that you do track communications with all candidates in some way shape or fashion if your ATF doesn't offer that definitely have some sort of a system in place that to make sure that is something that you're doing another one is revisit some of those pre-screening questions and the the voluntary identify identification questions that you all don't have to revisit them very often but again going back to making sure that you're staying up-to-date on rules regulations compliance guidelines and revisiting those questions whether that's every couple of months every quarter and just reading those verbatim and making sure that the verbiage is appropriate and that you're compiling questions that are going to capture the information that you are requiring and then finally work with your vendors and partners.
You know there is so many options out there now that will help provide you with tools systems to ways it to track questions and make sure that you're staying compliant so definitely you know some are free some are included in the contracts that you might have some might be an additional cost but definitely leverage those partnerships leverage your ATS or recruiting system to make sure you're documenting those and see what other options that you have out there to keep yourself compliant what board minutes now to talk about you know kind of creating a diverse audience where your jobs being posted outside of your career site you know are you manually posting to other job boards do you have a list of job board sites that you know are scraping your career site and where is the exposure happening so really getting a good understanding of where your jobs are being posted is really important.
There's so many jobs boards out there that just scrape our career sites some of which we don't even know about it's free exposure so it's you know not a bad thing and a lot of those are diversity sites which is a great thing right so start there look into what's happening now that you behind-the-scenes you may not even be aware of look into some sites that are free that you can take advantage of that might be a manual post and definitely be sure that you take the extra attendance when you are posting a REC to look into sites that are going to create a much more diverse candidate pool because you're gaining the attention events also you know what does your top five candidates look like for any role you know look for trends and you're hiring and especially trends within specific hiring managers you know at the end of the day we want the hiring manager want their company wants the best talent available for the role.
We don't want to get away from that but at the same time are we doing things right on the front end to get those opportunities in front of a diverse audience and attracting a more diverse candidate pool and so just take a couple of minutes and I highly utilize and something that I try and do is utilize those touch bases with hiring managers that are active and they're hiring right now to revisit those top candidates and it's you know early in the process middle process towards the end and are there trends in regards to the skill set that they kind of navigate towards and do we feel like there could be a more diverse candidate pool when we do come to narrowing it down to our top you know three to five candidates and finally training so important train your recruiters I think that one's kind of a duh Chad you like obviously the recruiters need to be trained on on the compliance rules and regulations and you know how to avoid biases and what are our company specific guidelines so train here recruiters.
But train your hiring managers and train your interview teams especially if you do have a process that involves a couple of peer interviews and in those peer interviews typically are the same individuals you know train everyone you know something that doesn't have to take a lot of time especially if you train early and train often I have been a part of the onboarding process you know might not be relevant for every role but to take you know 30 to 45 minutes with an onboarding class or some new hires and just bring them up to speed on the word government contractor and here are some some rules and guidelines that we as a company have to abide by just making them aware not only makes them feel included which is always a positive thing but they might get involved with with the interview process and having them be aware of where you are as a company is really important offering continuous trainings you know whether that's quarterly monthly biannually anything that works for you and your bandwidth to be a resource be be an advocate for you know all the compliance regulations that are out there and then leverage team calls is something I've done in the past you know every hiring manager that you work with as a recruiter has team calls and you know whether it's every other month you know once a quarter where the case may be I know time is limited ask that specific leader for the first 10 to 15 minutes and jump on there and and bring to their attention you know that we are government contractors you do have rules and regulations that we need to abide by and if you are a part of the interview process making sure that you reach out to me and here are some resources.
So definitely making everyone aware of those guidelines of those regulations making them aware that we all are human and have implicit biases and that there are things we can do to identify those it's going to create a very positive candidate experience and a very positive experience for your hiring managers recruiting teams and interview teams so with that I would love to turn the floor over to Izzy to discuss more about some rules and regulations.
Izzy: Thanks Chad I'll do my best to keep the bar high that was excellent Constance super helpful we're going to shift slightly and move into a little bit more narrow of an area of compliance we'll be focusing on drug screening background screening and general enquiries to candidate salary and credit history so recruiters who are also collecting data from candidates those of you performing interviews discussing background checks of candidates etc this will absolutely apply to you I cannot
stress enough how important background screening compliance is going to be in 2019 since 2011 lawsuits against employers that are based on background screening compliance has increased year every year class-action lawsuits are super common in the screening landscape and it's scary but it's not unusual for us to see settlements in 6 and 7 figure range for nationwide employers where there's been some allegation of screening laws being violated so super important and even on a single plaintiff spaces you're looking at around the 30 40 50 thousand dollars for settlement so it can be financially crippling to run a foul of screening walls especially for smaller businesses and then we also have state and local walls that are sprouting up all over the place and they're affecting how an employer can inquire into criminal history how an employer can address a positive drug screen even going as granular saying you know this is what you can post in a job at this is what you can't post in a job app so essentially employers are being told out by state and local legislators what information they can consider in the hiring process when they can consider it and what action they can take.
So that introduces a lot of complexity into employers compliance frameworks right and it's easy to feel overwhelmed as a recruiter or a cleaner or an HR manager as a result of all of this next slide please for the rest of 2019 the folks are reading the tea leaves feel that these are the three areas of compliance that are going to be very significant for employers there will be a lot of litigation settlement and unlikely enforcement actions that are levied against businesses who don't sale top of these these requirements especially those rules around medical marijuana use and employment so I did want to take some time to address each of these today and share some tips on how to protect your business while at the same time and also is equally important giving candidates that applicant experience that they're legally entitled to enjoy will spend most of our time on the the drug screening compliance and then end with a little bit less informational credit and salary history and dandy boxes next slide.
What we're seeing right now in the Medical Marijuana landscape is new and honestly is a little unexpected we're used to zero-tolerance drug policies being more especially for federal contract work right and this idea that marijuana is an illegal drug under federal law and therefore employers can refuse to hire or they can terminate an employee if the drug screen shows the presence of marijuana and that way of thinking that concept of the employers right cannot accommodate medical marijuana is even captured under the Americans with Disabilities Act or the a ADA the a ADA Pressley exists from its protection the illegal use of drugs the treated disability so zero tolerance policies they were the norm but they should not be anymore 33 state s and DC has no legalized medical marijuana and 11 of those carve-out protections for employees who use medical marijuana now the states on the slide.
I put them here for your reference this doesn't mean that you can never fire or reject an applicant who is a medical marijuana user in these states what doesn't is that there are specific protections for these people built into the law and it's going to require an employer to very carefully tailor the drug screening policies and make sure that they're being consistently administered next slide please I wanted to briefly point out too that the employee protections that exist are in states where you might not expect them to exist so on the west coast generally we see very little protection for medicinal marijuana users sure you can go out and buy it at the corner shop but when it comes to employment law medical and recreational users are not protected generally speaking out that these states on the left-hand side of the slide they let an employer terminate or fail to hire because of failed drug tests California Colorado Washington Oregon these are states where you think that employees to be protected that's not the case you actually have to go out to the east coast where marijuana has been slower to be legalized in order to find more employee protection in the states on the right hand side here an employer that they have to reasonably accommodate an employee's use of medical marijuana if they have our prescription of course but to be clear they certainly don't have to accommodate it in the workplace right does it law anywhere it says as an employer you have to let an employee smoke marijuana in the middle shift some of these states do specifically prohibit an employer from terminating based on a positive drug strain.
That's the protections that were confident we're talking about here the takeaway from the slides in is if you're on the East Coast or if you're hiring and on the East Coast be very vigilant watch out court decisions there are really starting to favor employees who are bringing discrimination claims against businesses that fail to hire or terminate based on net positive drug screens next slide please I did what I've just briefly give you some real-world examples of some state laws just so you know what they look like so medicinal marijuana laws and the protection I won't read them but there's the theme is it in states that have medical marijuana laws for the most part employers cannot terminate or refuse to hire just based on the fact that there's a positive marijuana drug screen next slide please so there is definitely this patchwork of state walls here that restrict employers differently right we spoke about the difference between West and East Coast but if you're a federal employer or you're working with federal contractors you think it would be more simple right unfortunately that's not right recent federal cases tell us that federal laws like the ADEA like the Controlled Substances Act or the CSA and the drug-free workplace Act they don't conflict with state laws that protect medical marijuana users courts have found that employers can actually comply with all of those federal also registrations in addition to the state laws that are protecting medical marijuana users they've essentially found that there's no legal need for an employer to fail to hire or to fire folks who are medical marijuana.
So that means that both private and public employers have to look out and take note of the recent court decisions on these issues and the decisions that continue to come because they will so one of these cases tell us well the short answer is a lot they tell us a lot and that's why this slide is a little dense I wanted you to have some fodder for conversation with your legal teams what we can learn from the group of unlucky employers who have been sued for discrimination by medical marijuana users who have been terminated or have conditional offers rescinded is this zero-tolerance policies are not going to apply anymore let's talk first about a specific case Knosinger versus SSC the federal district court case in Connecticut real-world examples here it just came out 2018 this is the first case to determine that just because marijuana is a legal drug federally it does not bar an employment screen she was very open about having a medical marijuana card for her pious PTSD and she took the drug crane and no surprise it comes back positive for marijuana and then the employer rescinded the job based on the drug screen.
So she sued under the state's medical marijuana law and has a non-discrimination provision in it and the court found for her and they said that FCC violated the state's medical marijuana law by 5% in the offer and they even went so far as to say that the argument that the drug-free workplace Act barred the company from hiring her the court said no the DSWA needs a required drug testing nor prohibited employers from employing a medical marijuana user as long as that drug is used outside of the workplace the court also says that this is super important because it's written into the opinion the DSWA does not require a zero-tolerance policy so ultimately the court said that the Connecticut statute protects the qualified users use of medical marijuana outside of work hours so this.
There's a lot to learn from this case if you're subject to the drug-free workplace Act because you have federal contracts zero-tolerance policies you probably need to go back and revisit them especially if you're only east coast in Rhode Island and Massachusetts and Delaware just this week actually in Arizona we're seeing more of this so this is now a trend and these cases all look similar candidates say hey empl you know just seen oh I have a employer medical marijuana card I will not bring it to work I will not come to work high they're very open but then they're all sort of rescinded or they're fired after a positive drug strain they then sue under the state's medical marijuana wall so in Arizona just last week just happened with Walmart we had a current employee been there for eight years she had a medical marijuana card failed drug screen she claims she never brought it to work it was never impaired on the job under the state law there is that that Patient Protection and there's actually terminology excuse me verbiage in the law that says look you cannot be terminated for positive drug screen unless the patient use possess or was impaired by marijuana on the premises or during the hours of employment even though she failed a drug test the judge said that Walmart could not prove that she wasn't impaired at work so or they cannot demonstrate a good faith basis for believing she was impaired at work.
That's big because this case tells us if you fire an employee for a drug sting result you better be able to provide a lot of evidence to show us why you think the candidate was under the influence at the workplace or during work hours so that's where the change is happening in HR space in the federal courts were really seeing the shift away from the thinking that a failed drug test automatically means adverse action medical marijuana users are now being protected even when they fail drug screen at work and it's important to note that the decisions I've referenced they only apply to the jurisdiction of the court that heard the case.
So just because the federal district court in Connecticut says something that's not going to disrupt the law in California for example on the west coast we already said the landscape looks a little different there is solid case fall in California and Oregon New Mexico and others that favors employers and the business is there and they can feel more comfortable taking adverse action based on drug screen but personally I believe that the east coast jurisprudence is headed out west it's just a matter of time before we see these types of protections in these types of lawsuits.
It might be that when you're when you're crafting your drug spending policy you do it through a broader nationwide lens right and you take into account these trends from some sections of the country next slide please before we move on to our next topic I did want to leave you with a little roadmap for compliance there is not unfortunately a one-size-fits-all solution to this this is changing a drug landscape there are some things you can do to make sure that you're covering your bases and staying informed on first talk to your legal counsel asked them what laws exist in your jurisdiction and how they should inform a drug screening policy second get the c-level folks in a room and decide if you even want to screen for marijuana outside of physician base testing some employers now are moving to nine panel and four panel screenings versus the ten and five and they're essentially dropping marijuana from the list of drugs that are tested for also create a drug screening policy I can't say that enough some things even require that you have one in place when submitted to on the label office but you need a policy regardless if that's not what testing you do on human when and that's something you're definitely going to want to make sure you have reviewed by your compliance team or your legal team or even by outside counsel just to make sure it's aligning with the current medical marijuana protections that are that are in place in your jurisdiction and the jurisdiction for your sourcing so have someone in your organization via plays compliant right.
So say hey Johnny you know we want you to follow the laws and make sure you update it when there's a new medical marijuana law that impacts you can always consult with counsel for more complex questions but sometimes the biggest question comes from or the biggest challenge rather just comes from knowing what the current state of the law is and finally as we've all changed revisit your policy make sure it's still compliant and if you do have a zero-tolerance policy maybe consider revisiting that right the cases that we've talked about show that they were the norm but you know they can easily lead to litigation now so just make sure you're talking with the right stakeholders at your company and that everyone's comfortable about what type of tolerance you have built into your policy okay next slide we'll shift gears a little bit and talk about salary and credit history bands have already touched on the salary questions a bit these are two areas of compliance that will also continue to gain momentum in 2019 as a matter of fact you may have seen Atlanta just in two minutes at citywide salary band and we're going to start seeing some enforcement as well credit history bans meaning-making running credit reports through background check company we see those sprouting up slowly but surely but there's not quite as much as sense to be there as if the salary banned it may seem as simple as just knowing where you where you can't ask these questions and not just asking right but there can be a disconnect between your organization and its background trading company that leads to non-compliance for salary history and employment verification that's run through a screener may have a default question built into the verifications.
That's related to the salary earned and you might not even know as the employer you may not know that your employment verifications are asking for that information so it's not unusual for an employer to order a verification for a candidate an employment history verification gets the results back and then find a previous salary listed there and that can get you into trouble if it's on the report and you're in a jurisdiction to prohibits making the inquiry.
It's very important to clarify with your background trainer whether they ask for that information and if they do it talking about possibly suppressing that salary question when the candidate is in a particular location with a band in effect you can do everything right in-house as an employer you can train yourself you can you can you know where you can ask for a chance only to have your screener end up pointing that information on the background check so you don't have to happen please make sure you talk with your background check provider they should be able to assure you that that salary information doesn't appear where you don't want it to appear as for your credit history you'll want to be careful that you're you're only performing credit checks on so when you're allowed to do so longer statements with all very much like salary history there are many bans and effects on that the state and city levels where there are bans in place there's usually a couple of carved out exceptions for roles where you know candidates will be handling large sums of money and working in executive capacity or with trade secrets but it is important to check and only request it if only request in the credit when you can do so complexly you'll want to pay special attention to to any consent forms that state laws may require so in California and Vermont for example if you want to run a credit check on a candidate you have to inform the candidate which exceptions under the credit history ban and that state allows you to perform inquire your screener can help you navigate that process but it is something that you should be aware of okay next slide please okay band the box our last topic for for 2019.
Since the 60s we've seen this expansion if they're hiring walls and most recently this is coming the form of the band of optimism and that's the movement that's geared toward giving people with criminal records a better chance at employment these walls do typically these require an employer to take that box off the application that says have you ever been convicted of a crime or do you have criminal history that we should know about and the goal there by taking that box off the goal is that you're going to give folks a better chance of finding a job and thereby reduce the recidivism rate in our population which is pretty high so over 180 jurisdictions including 33 states they've passed a ban the box wall about a dozen of those currently impose restrictions on private employers you don't think that because you're privately owned small business that you don't have to worry about this trend because you do next slide please it's important to understand just how different ban the box are they vary by state they vary by city some legislation will only restrict public employers some will restrict public and private or just private and some of the walls will merely prohibit an employer from asking about criminal history on the job application others locations will go further and they'll require an employer wait until a conditional offer is made before they can make that inquiry further yet some locations will require employers and specific notices were notify candidate without specific reasons of what in their criminal record history led to adverse actions.
So let's talk for a minute about what kinds of things you're going to be seen and these ban the box walls all of them every single one of them requires that that inquiry into criminal history be taken off yet job application.
That's that is a consistency across anything ban the box law since the names and the ball right when you can ask the question and when you can run the check is going to do by jurisdiction but it's generally either after conditional offer or after an initial interview aside from that delayed inquiry the requirements are it's a mixed bag but they will fall into a few buckets first of all the administrative requirements bucket you might be required to come certain notices in your office keep certain documents for a certain period of time send annual reports to an enforcement agency include specific language and job postings even secondary consideration of records some band the box walls will limit what kinds of records you can consider when you're making your decision you might be restricted seven years you might be restricted to only convictions and pending cases the assessment bucket a lot of these laws are now requiring employers to perform individualized assessments we're really more like a back-and-forth dialogue as part of the average actual processes so under EEOC guidance if these assessments are already recommended but the bans the wall are taking it further and they're making it a legal requirement now and then finally the adverse action notice bucket some walls will require that certain information be provided in an adverse action notice such as what specifically what specific records led to the not denial or information about how a candidate can file an appeal with the employer those are the things you're going to see in ban the box walls next slide.
What do you do how do you avoid ban the box violation or enforcement action so you can follow some best practices first remove the prior conviction question from your application if at all possible even if you're not currently in a Ban the Box jurisdiction you may be working with candidates who are and ban the box are just coming out so quickly it just makes up City proactive secondly if you do want to keep the inquiry on your application and you're not in a ban the box restriction consider leaving some room on the forum for candidates to provide context that I won't any records that they do have that also looks good to the EEOC under Title 7 today ban the box fall so that you know when you need to modify your prophecies you can get news alert via your favorite search engine you can look to your trade associations you can look they have great resources melt.org work the National Employment Law Project they have a wonderful set of resources for Ban the box and finally work with the screeners at understands it and actively guide you through these requirements a reputable screener is going to understand the complexities of all the jurisdictions laws and they're going to be able to help you craft the solutions that meet your needs.
Angela: Alrighty thank you so much Chad and Izzy for your presentations we're now going to open it up for Q&A and as I mentioned at the top of the call feel free to chat those in at the bottom right hand corner of the ready top panel I see a bunch of questions that have already come in but please continue to chat them in and we will try to get through as many questions as we can so I see a couple here I'll start with first I think this one is directed to Izzy specifically it says you mentioned that ban the box laws sometimes create requirements related to job postings and other precluding steps could you expand more on those.
Izzy: Yeah sure and well no remember so these requirements they vary so much from one city or one state to the other but I can give you some examples where these requirements exist so in San Francisco for example the ban the box there requires that all employers with at least five employees who have somebody working in San Francisco put up a specific fair chance notice in every dot height and at every work now the office of labor standards and enforcement that OLSE is the enforcement body there they created its not something you have to come up with but you do have to print it out from the website or get it from the office and make sure that it's posted very conspicuously we're all candidates coming in and all current employees can see it you also have to include in all job advertisements that people with arrest conviction records will be considered in accordance with the fairness chance ordinance there and when I say fair chance alone is that's the depth the ban the box all that's what they call up there in New York City we see something similar you're prohibited from mentioning and job ads and solicitations that background checks or criminal enquiries will be made and in LA another example there are notice and posting requirements there to employers Have to state and their job advertisements in LA that they will consider qualified applicants with criminal histories and they also have to post the fair chance wall notice at their workplace as well similar in all of San Francisco's but it is important for us all to understand it you know it's these bans of walls are very broad and they cover a lot of steps in the hiring process and recruitment all the way to you know onboarding.
The requirement that you include that specific language in a job ad or a solicitation whether it's on a job board or in a newspaper a lot of people who can do that anymore but yet wherever the job ad is with it it has to contain certain language and certain jurisdictions and it has to avoid certain language in others Angel: Great Thank you Izzy and I have one more question here for you it says our company staff federal contractors into jobs that are regulated by the drug-free workplace Act a federal law are we safe to continue using zero-tolerance drug screening policies since the DFWA requires it.
Izzy: No yeah that's going to a couple of the cases that we talked about it is tricky it is very tricky because you know some courts like nothing or have said like an enough singer case that the DFWA actually doesn't require zero-tolerance policies there's that shift in thinking from what we you know assumed that the DSWA did require so in in the states where we have a ruling like that where it's not required then as your home see probably isn't compliant and you're going to need to make sure you're affording protection under a state medical marijuana laws there's more present out west it could be slightly different right where you don't have the same case law that has made that decision with the drug-free workplace Act of not requiring a zero-tolerance policy so out west I think you'd be a little safer continuing to use that policy East would be a mistake to assume that you can continue doing that without consulting counsel and I do need to just make this quick disclaimer none of this is legal advice right that's just business advice and make sure that you consult your your own attorneys and your in-house legal teams before making any sort of changes to your policies but yeah long story short it is tricky I would say out on the east I would highly recommend not having a zero tolerance policy out west you're probably a little safer but it's still worth chatting with your lawyer about.
Angela: Great Thank You Izzy and I have a couple more questions I see a lot of people chatting in I think we have time for a couple more questions the first one I think this is more of a Chad question is do you have any recommendations on proper training materials or training methods as it relates to interviewing and staying Compliant.
Chad: Absolutely yeah it's a great question so you know one thing that I have implemented in the past and I definitely recommend is you know this takes a little bit of time but thinking long term and making sure that you are saying plan I highly recommend it so you'll have the regulations and guidelines in front of you and while those are in front of you so the year can consistently reference those create competency guides specific to different roles or you know similar roles within your company and what this does is allows you to stay compliant creates a set of questions that are relevant for the role and gives your interview teams and gives you a recruiter you know some not only a resource but your own guidelines to go by so this way you are staying compliant staying within regulations asking pertinent questions as it relates to skills experience for the job they're being considered and it also creates consistency if you are sharing these competency guides with interview teams and with hiring managers that's going to again create a positive experience for the candidate also keep you within those OFCCP guidelines great.
Angela: Thank You Chad and one more question is what if a candidate voluntarily shares their current compensation / salary during a screen or an interview.
Chad: If that happens you definitely have an upper hand as the recruiter so recommendation there is you know obviously to the question it's voluntarily shared and so let them share you know I think as a recruiter we've all learned that it's a bit of a trust with candidate in regards to you know talking about compensation and what they're looking for and if they voluntarily say I'm making X amount per year now you know take it with a grain of salt don't document what you want the document on the candidate profile is a salary range that you have discussed with the candidate that they would be looking for in a new opportunity so if they do share it with you you know kudos to you for having a bit of insight into where they currently are but as far as documentation and where you need to steer the conversation is towards the range they're looking for their next opportunity versus where they currently are today.
Angela:Thank you Chad I think unfortunately that is all the time we have for today I just want to say thank you for joining our webinar thank you to our speakers Izzy and Chad I know there Were some questions that we weren't able to get to so we weren't able to get to your question someone will be reaching out to you either tomorrow or early next week and again we will be sending out the slides as well as the recording of the webinar sometime tomorrow so please be on the lookout for that as well as the cherm credits will be sent out tomorrow as well so thank you again everyone for attending and have a great day.