Author Archives: Adam Klein

Adam Klein

Adam Klein is a partner of Outten & Golden LLP and is the chair of the firm's Class Action Practice Group. His practice focuses on the prosecution of class action and impact litigation of employment discrimination and wage and hour claims. Mr. Klein currently serves as lead or co-lead plaintiffs' counsel in numerous major class action lawsuits involving discrimination claims in the financial services industry and challenges to the use of credit and criminal history records for employment decisions. Mr. Klein has testified before the Equal Employment Opportunity Commission and Congress on issues relating to the use of credit and criminal history information as a screen for employment.

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Title VII protections based on criminal record are modest not coercive

In a recent series of posts on The Volokh Conspiracy blog promoting his book The Eternal Criminal Record, Professor James Jacobs “[speaks] strongly against a public policy that coerces private employers to ignore job applicants’ criminal records while leaving them to cover the costs imposed by ex-offender employees.”    His arguments suggest that employers are being saddled with such costs (for which no proof whatsoever is presented) because of social activism on behalf of people with criminal records. In fact, modest legal protections for people with criminal records derive from longstanding employment discrimination law principles.

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