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On Demand Audio

Employment of Individuals with Criminal Records – What Employers and Applicants Need to Know

(459 reviews)

Produced on November 03, 2016

$ 59 Criminal and Labor & Employment In Stock

Course Information

Time 62 minutes
Difficulty Intermediate

Course Description

Approximately 70 million adults (1 in 3) in the United States have some sort of criminal record. Almost ninety percent of employers conduct background checks on all or some of their job applicants. Individuals with criminal records face numerous challenges and barriers when seeking employment and occupational licensure. This course will address federal, state, and local laws that protect individuals with criminal records from unfair or discriminatory practices in the employment context.

Join Susan Gross Sholinsky and Monica Welby for a discussion on these issues. Ms. Welby is a Senior Staff Attorney at the Legal Action Center. She represents and advises individuals who have suffered discrimination because of a criminal record, drug/alcohol history, or HIV status. Ms. Sholinsky is a New York City-based member of the firm at Epstein Becker Green. 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.


Learning Objectives: 

  1. Learn about federal and state laws that protect individuals against discrimination based on criminal record
  2. Familiarize yourself with the Ban-the-Box movement and the specific prohibitions it places on employers
  3. Become familiar with the federal Fair Credit Reporting Act and how to comply with its provisions
  4. Ensure employers’ forms and procedures used to conduct background checks are legally compliant and up-to-date 

Faculty

Monica Welby

Goddard Law PLLC

Monica Welby joined Goddard Law PLLC in September 2019. She represents individuals who face discrimination and retaliation in the workplace. Prior to joining the firm, Monica was the Deputy Director of Litigation at the Legal Action Center, a non-profit based in New York City, where she represented and advised clients on discrimination and privacy matters relating to criminal records, substance use disorders, and HIV/AIDS. She spearheaded the non-profit’s development of impact litigation to expand the rights of people who experienced discrimination based on their criminal records, especially in the employment context.

Monica has litigated cases against employers for discriminating against individuals with criminal records, as well as cases against commercial background check companies and employers for violating laws requiring fair and accurate criminal background screening. She, along with co-counsel, filed suit against major real estate employer entities for background screening violations under the Fair Credit Reporting Act in Jones v. Halstead Management Co. et al., which resulted in a class action settlement for approximately $1 million. She coordinated an amici brief submission to New York’s highest court in Griffin v. Sirva, Inc. et al., where the Court ruled on the breadth of aiding and abetting liability under NYS Human Rights Law when corporate non-employer entities impose discriminatory criteria on direct employers. Additionally, she was a member of the legal team that litigated Beckett v. Aetna, Inc. et al. – a class action lawsuit resulting in a $17.1 million settlement of claims that Aetna violated over 13,000 members’ HIV privacy rights.

Monica commenced her legal career as an associate at Willkie Farr & Gallagher LLP where she worked for several years representing companies in a variety of complex litigation matters. She also was a law clerk to the Honorable Barry T. Albin of the Supreme Court of New Jersey. She received her J.D. from Rutgers School of Law – Newark, and her A.B. from Duke University.

She is a member of National Employment Lawyers Association/New York and sits on its Diversity, Equity, and Inclusion Committee. She is also member of the Hispanic National Bar Association (HNBA) and was recently recognized by the HNBA as Pro Bono Attorney of the Year.



Susan Gross Sholinsky

Epstein Becker & Green, P.C.

SUSAN GROSS SHOLINSKY is a Member of Epstein Becker Green in the Employment, Labor & Workforce Management practice. 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:

  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
  • Develops and audits employers' policies and procedures to ensure compliance with applicable federal, state, and local law and best practices
  • Counsels employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment (including voluntary and involuntary reductions in force) Prepares employment, consulting, separation, and non-compete agreementsConducts workplace training seminars for employees, managers, and human resources personnel in a variety of industries
  • Performs company-wide audits pertaining to various wage and hour issues, such as appropriate classification of employees as "exempt" or "non-exempt" under the Fair Labor Standards Act and state wage-hour laws
  • Counsels multinational companies on the unique labor and employment law issues they face
  • Promotes compliance with EEO laws and other statutes governing the workplace
  • Represents employers in all aspects of labor and employment law, including discrimination, wrongful discharge, harassment, and employment contract cases

In 2019, Ms. Sholinsky was recommended by The Legal 500 United States in the area of Workplace and Employment Counseling. 

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 Vice Chair of the firm’s National Employment, Labor & Workforce Management Steering Committee and Vice Chair of the firm’s Diversity & Professional Development Committee. She is also a member of the firm's Finance Committee and the Executive Committee of the firm's Women's Initiative. Ms. Sholinsky is also comanager and lefty second baseman on the firm's softball team, the EBG Bees.



Reviews

JJ
Jason J.

well done

GS
George S.

Very good presentation. We face these issues regularly at my company.

MS
mark s.

very helpful

PO
Patrick O.

Nice presentation. I learned in the great deal. Thanks

LC
Laura C.

Informative and engaging presentation with well organized and concise course material. Very well done!

PM
Pamela M.

Great pairing of presenters

RN
Ronald N.

Very informative

LW
Linus W.

two highly knowledgeable attorney presenters

JS
Jill S.

The speakers were good.

PC
Pat C.

Interesting

JP
JoAnne P.

Good job!

EL
Eric L.

Very good course and excellent instructors who presented the material in an excellent manner.

DH
Debra H.

I learned a lot I had no idea about with respect to the protections offered.

SM
S.A. M.

Good course

KR
Kenneth R.

They were both very interesting, well prepared, and had a lot of good information

JS
Jonathan S.

I liked that two experts covered this topic.

BP
Brooks P.

Clear and concise overview

ER
Edward R.

The presenters' enthusiasms for the subject matter was admirable.

RL
Robert L.

Well done.

DE
Diane E.

good and informative presentation

DL
Daniel L.

Good

EA
Eva A.

Excellent presentation

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