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Combating The Use Of Criminal Background Checks & Credit Reports In Hiring Decisions, From NELA's 2013 Annual Convention
Published by National Employment Lawyers Association




Summary
Is it ever justifiable for an employer to use criminal or credit history to deny employment? Our panelists explore this question by discussing how Title VII of the Civil Rights Act, the Fair Credit Reporting Act, various state laws, and the EEOC’s Guidance on the Use of Criminal Background Checks restrict employer use of such background checks. They also address difficult problems of proof and obtaining remedies in challenging these practices under a disparate impact theory. Issues to be explored include how to determine if an employer is using background checks as a screen, obtaining data sufficient to show disparate impact, particularly where an employer has not kept applicant flow data by race, to what extent employers are justified in using background checks as screens, and what constitutes appropriate remedial action.

Presenters
Hon. Jane Dolkart
Honorable Jane Dolkart is a 1972 graduate of Columbia University Law School where she was amember of the law review and a Harlan Fiske Stone Scholar. She has an LLM from Georgetown University School of Law. She was a law professor for 21 years,...More
Maurice Emsellem
Maurice Emsellem is the National Employment Law Project’s (NELP’s) Policy Co-Director. NELP is a research and advocacy organization that delivers on the nation’s promise of economic opportunity. Mr. Emsellem specializes in government systems of...More
Mary Jo O’Neill
Judith Whiting
Judith Whiting is General Counsel at the Community Service Society of New York (CSS). She also directs the work of CSS’s Legal Department, helping to develop litigation and non-litigation approaches to ending discrimination against people with...More
Originally Published
June 26, 2013

Program Titles and Supporting Materials
This program contains the following components:
  1. Combating The Use Of Criminal Background Checks & Credit Reports In Hiring Decisions Audio
  2. Combating The Use Of Criminal Background Checks & Credit Reports In Hiring Decisions Slide Deck
  3. Combating The Use Of Criminal Background Checks & Credit Reports In Hiring Decisions Handouts

How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like.

Technical Requirements
All you need is a computer with high-speed internet access and the required free Adobe Flash Player.
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Credit
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

 Click on jurisdiction for specific details  
CA, OK, SC, VT, WV


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