Navigating the Legal Minefield of Using Criminal & Credit Histories in Employment Decisions


CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

Over the past few years, restrictions regarding the use of criminal background and credit checks by employers on applicants and employees have been passed at various state and municipal levels. The federal government has also indicated its own concerns of potential discriminatory impact of the use of criminal background and credit checks. Attorneys can expect to learn about the nuanced differences in obligations and requirements that may govern in any particular jurisdiction, as well as considerations for navigating through the applicable laws and representing multi-jurisdictional employers.

Key topics to be discussed:

•   Jurisdictional Limitations
•   Benefits and Risks of Criminal Background and Credit Checking
•   Trends and Best Practices

Date / Time: February 25, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: November 13, 2018

Robert T. Szyba, Esq. is an associate in Seyfarth Shaw’s Labor & Employment Department. He defends and counsels employers on a wide range of employment-related issues, including background check and Fair Credit Reporting Act violations, “ban the box” issues, prevailing wage requirements, wage and hour compliance, whistleblower retaliation, family and medical leave compliance and interference/retaliation claims, paid sick leave, and discrimination/harassment. His clients operate in a variety of industries, including retail, background check services, for-profit education, foodservice and hospitality management, transportation, electrical, tolling, public works contractors, accounting, and insurance. Mr. Szyba also advises on preventive employment counseling, pre-litigation strategy and litigation avoidance, alternate dispute resolution and mandatory arbitration programs, and employment policies and procedures.

Mr. Szyba represents clients in complex employment litigation, including class, collective, and multi-district litigation, as well as single-plaintiff lawsuits. He has extensive experience in New Jersey and New York state and federal courts, as well as federal district courts across the country. He represents clients at both trial and appellate levels. He also represents clients before federal and state administrative agencies, such as the Department of Labor, New Jersey Division on Civil Rights, New Jersey Office of Administrative Law, and New York State Division of Human Rights.

Mr. Szyba currently serves as the Editor-in-Chief of the New Jersey Labor and Employment Law Quarterly, a publication of the New Jersey State Bar Association’s Labor and Employment Law Section, and is a member of the Advisory Board of the Hofstra Labor & Employment Law Journal. He is a regular panelist and presenter for various legal associations in New York and New Jersey on employment law topics and issues, such as handling whistleblower issues, compliance with state and federal wage and hour laws, discrimination and harassment litigation avoidance, class action litigation, and litigation strategies. He is an active member of the American Bar Association, the New York State Bar Association, the New Jersey State Bar Association, and The Sidney Reitman Employment Law American Inn of Court.

Mr. Szyba is fluent in Polish.

Stacey Blecher, Esq. is Counsel in the Labor & Employment Department of Seyfarth Shaw LLP. She specializes in employment counseling with a focus on FCRA and other background check laws.

Prior to joining Seyfarth Shaw, Ms. Blecher served as in-house Counsel and Assistant General Counsel at JPMorgan Chase where she handled a wide variety of employment and benefits-related litigation and counselled human resources, employee relations and line of business management teams on employment-related issues.

Ms. Blecher’s pro bono work has included volunteering as a Small Claims Arbitrator with the Civil Court of the City of New York. She also volunteers with the NY Lawyers for the Public Interest.

Ms. Blecher has been co-chair of the Cornell Alumni Admission Ambassadors Network for Committee #25 (Stuyvesant High School) for nearly 20 years. She also sits on the Board of Directors for the Give Back Foundation, a volunteer group whose mission is to help local individuals and families within surrounding Central Jersey counties who have had temporary setbacks.

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