North Shore Labor & Employment Counsel Meeting – The Role of Criminal Records in Hiring: Easy Access, Difficult Decisions

September 12, 2014
08:00 AM - 10:00 AM

Please joins us for a joint presentation by Cabrini Green Legal Aid and Morgan Lewis.

With a reported 1 in 3 Americans having been arrested by age 23, many applicants have criminal record backgrounds that employers may consider when making hiring decisions. Criminal records background checks are widely used to screen applicants. Access to criminal records today can be as easy to access as one click on the computer. But with that easy click also come multiple laws and regulations, at both the state and federal level, which can subject employers to liability.

Faced with the Equal Employment Opportunity Commission’s guide­lines on the use of criminal records, employers need to make balanced decisions to avoid liability under Title VII of the Civil Rights Act. In addition, Illinois law both prohibits the use of certain records in employment decisions under the Illinois Human Rights Act and also affords procedures to reduce or eliminate the legal effect of criminal records. And the Fair Credit Reporting Act regulates the employer’s use of criminal rec­ords including requiring notice for potentially adverse employment decisions. Violations of any of these laws can subject employers to significant legal liability.

This program combines employer defense perspectives with advocacy by a legal aid organization that seeks to maximize job opportunities for persons with criminal records who are now on the path back to gainful employment as motivated and productive members of the workforce.

For more information, contact Sheila McShane at smcshane@morganlewis.com