Criminal Records in the Employment Process: What Employers & Applicants Need to Know


Re-Broadcast on November 15, 2017

As many as 1 in 3 American adults has some type of criminal record. Individuals with criminal records face numerous challenges and barriers when seeking employment and occupational licensure. Employers face a myriad of federal, state, and local laws that protect individuals with criminal records from unfair or discriminatory practices in the employment context. This course will address these issues and the laws that protect individuals with criminal records in the hiring process.

This course is co-sponsored by Wolters Kluwer.

Key topics to be discussed:

•  Learn about federal, state, and local laws that protect individuals against criminal record discrimination
•  Understand the Ban-the-Box movement and the specific prohibitions it places on employers
•  Familiarize yourself with the federal Fair Credit Reporting Act and how to comply with its provisions
•  Maintain compliance related to forms and procedures used to conduct background checks

Date / Time: November 15, 2017

•  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.

All Access Pass: Before you buy, access this class and all other myLawCLE programs, over 120 new live classes every year, for only $69 dollars per month. Purchase the All Access Pass first. Click here for more information.


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Monica Welby, Esq. joined the Legal Action Center’s Legal Department in November 2011. She represents and advises individuals who have suffered discrimination because of a criminal record, drug/alcohol history, or HIV status, as well as those who suffered a breach of their HIV confidentiality rights. Ms. Welby is actively involved in the Center’s development of impact litigation. She also advises and trains organizations about privacy and anti-discrimination laws protecting the Center’s constituencies. Ms. Welby was a member of the New York City Bar Association’s Labor & Employment Law Committee and is a member of the Hispanic National Bar Association.

Prior to joining the Legal Action Center, Monica Welby was a Litigation Associate at Willkie Farr & Gallagher LLP for five years. She also was a law clerk to the Honorable Barry T. Albin of the Supreme Court of New Jersey. She is a graduate of Duke University and Rutgers School of Law – Newark.

Susan Gross Sholinsky, Esq. is a member of Epstein Becker & Green, P.C. in the Employment, Labor & Workforce Management practice, in the New York office. She counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims.

Ms. Sholinsky serves on the adjunct faculty of the Cornell University School of Industrial and Labor Relations, where she teaches courses concerning human resources and the law. She also frequently speaks at events and webinars on employment law topics and authors numerous publications on employment law issues. Ms. Sholinsky is a member of the firm’s Finance, Diversity & Professional Development; Employment, Labor & Workforce Management Steering Committees; and serves on the Executive Committee of the firm’s Women’s Initiative. She is a graduate of Cornell University and Northwestern Pritzker School of Law.

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Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

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On-demand CLE
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Section I. Framework – Current Barriers to Employment of Individuals with Criminal Records

Section II. Laws Protecting Against Criminal Record Discrimination
a) Title VII and EEOC Guidance on Use of Arrest and Conviction Records in Employment
b) Discussion and examples of State Anti-Discrimination Laws
c) Negligent Hiring

Section III. Ban the Box
a) Ban the box movement and its growth
b) Overview of state and local ban the box laws
        i. Highlight state laws that apply to private employers
        ii. Discussion of certain local laws, such as Philadelphia’s law and New York City’s Fair Chance Act

Section IV. Federal Fair Credit Reporting Act (FCRA)
a) Overview of employer responsibilities under federal FCRA
b) Highlight numerous state FCRA laws
c) Increasing litigation

Section V. Documentation & Procedure
a) Effect of ban the box laws on background check process
b) Employment applications and offer letters
c) Employers’ relationships with consumer reporting agencies