Screening Unemployed Job Applicants: Pros and Cons to Consider

$149.00

SKU: 410754

Description

Better deal with the legal and practical issues involved with using employment history as a barometer for evaluating applicants.
Many job applicants find themselves at a disadvantage if they are currently unemployed or have significant gaps in their employment history. Employers may be concerned that unemployment reflects poorly on an applicants ability or fitness for the job or may reflect poor past job performance. However, such an approach can also adversely impact workers who are unemployed through no fault of their own or left the workforce for legitimate reasons such as caring for children or family members or dealing with medical issues. In addition, exoffenders with prior criminal records may run into barriers as well. At the same time, with recordlow unemployment, businesses may find the need to look for new sources of labor, and overlooking unemployed applicants could mean they are missing an opportunity to locate additional talent.
Learn how to better deal with the legal and practical issues involved with using employment history as a barometer for evaluating applicants and examining if they are artificially limiting the potential applicant pool. Employers need to consider if using employment history can be discriminatory by adversely impacting applicants based on gender, age, or medical condition. This material will focus on the employment of exoffenders who may have significant employment gaps caused by incarceration and will include a discussion of the EEOC Guidance on criminal records, Ban the Box and Fair Chance hiring laws, as well as studies showing that hiring exoffenders has been a successful strategy for numerous employers. This topic will also cover laws that prohibit hiring based on unemployment or advertising that current employment is a job requirement. This material also reviews if a long absence from the workforce results in a derogation of skills and solutions to that problem.

Date: 2023-06-28 Start Time: 1:00 PM ET End Time: 2:05 PM ET

Learning Objectives

* You will be able to describe unemployment discrimination and employment gaps and the reasons why employers are concerned about that issue.

* You will be able to explain how discrimination based on current employment and employment history can potentially discriminate on the basis of gender, age, or medical condition.

* You will be able to discuss the reasons to consider applicants who are unemployed or have employment gaps or criminal records.

* You will be able to review your organizations policies and procedures to ensure compliance with the EEOC guidance on criminal records as well as Ban the Box laws in order to avoid disparate impact in hiring.

What Is Unemployment Discrimination?
• Unemployment and Gaps in Employment
• Why Do Employers Care?

Have Unexplained Employment Gaps Become More Important Given the Increasing Restrictions on Using Criminal Records?
• What Is the Scope of the Problem?

Legal and Practical Reasons for Employers to Consider Hiring Unemployed Individuals
• 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

Do Workers Really Lose Skills or Knowledge Due to Absence From the Workforce?

Specific Discrimination Issue
• Does It Create Gender Discrimination or Age Discrimination?
• If Employment Lapses Caused by Medical Issues, 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

ASA ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,HR Certification Institute ,CPE ,SHRM ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Lester S. Rosen, Esq.-Employment Screening Resources® (ESR)