Michael Newman Discusses Employers' Competing Obligations in Inquiring Into Job Applicants' Criminal Backgrounds
In The News | 1 min read
Jul 29, 2015
Michael A.S. Newman a Los Angeles-based partner in the Business Litigation Practice of Hinshaw & Culbertson LLP, was quoted in the article "Crime and Employment: Hiring a Worker With a Record." The article, published on CorpCounsel.com on July 28, 2015, addresses the fine line that companies must walk "between avoiding an unsafe workplace and avoiding hiring practices that appear discriminatory—or that violate a growing body of regulations that govern how criminal history should be weighed in the application process."
Mr. Newman notes that "[t]here has been more and more pressure on employers to not simply have blanket prohibitions against hiring employees who are ex-felons or ex-convicts, and the reason is because that can very easily cause disparate impact cases involving protected classes." He explains that companies must balance competing concerns of maintaining a safe, productive work environment and not wrongfully discriminating against a person who has a criminal history. Mr. Newman adds, '[i]nsuring against the risk as much as possible is probably a prudent thing to do, since [employers are] going to have a hard time justifying just trying to close the door to people who have been convicted of crimes[.]" One possible means of protection is employment practices liability insurance (EPLI). But, says Mr. Newman, "just because [EPLI policies are] available doesn’t mean all employers who want them will get them. The coverage decision is ultimately up to the insurer, which has to take into account particular risks. 'If you’re a business, you can engage some sort of a broker that can hopefully deal with insurers and get you the product you need[.]'"
Mr. Newman represents companies in employment litigation, insurance coverage disputes, bad faith liability actions, insurance regulatory matters, trade secret, and contractual disputes. In his employment practice, he counsels and represents business clients (both in and out of the insurance industry) in actions alleging violation of employment laws and in matters involving alleged misappropriation of trade secrets.
Related Capabilities
Related Locations
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



