Second Chances Without Second Guessing: Managing Hires With Criminal History

Written exclusively for ChubbWorks for Not-for-Profit Zone

A union that represents many Broward County public employees has been ordered to pay former labor leader, Walter Browne, $300,000 to resolve a wrongful termination dispute.

Browne previously led the Federation of Public Employees. In 1996, Browne was convicted in federal court of racketeering for his role in an illegal gambling case tied to a charity. He later received clemency in the form of a commuted his sentence.

Despite that history, Browne subsequently returned to union activity, serving in leadership roles until internal conflicts arose over his continued influence and employment status.

The recent payout stems from a legal case in which Browne challenged the union's decision to end his employment, alleging wrongful termination and seeking compensation.

Rather than continue litigating, the union agreed to the $300,000 settlement, which is to be funded from union resources.

Source: https://www.sun-sentinel.com/2026/03/13/labor-leader-once-convicted-of-racketeering-wins-300000-payout-from-union/

Commentary

Nonprofit organizations increasingly encounter candidates with criminal records, and the way they respond carries real loss exposure on both sides of the decision.

Excluding all applicants with convictions may feel safer, but blanket bans can create legal risk under federal and state fair chance hiring guidance, reduce diversity, and deprive organizations of qualified staff who understand the communities they serve.

At the same time, hiring individuals without a structured assessment of their criminal background, duties, and access to vulnerable populations can expose nonprofits to financial loss, reputational harm, regulatory penalties, and potential negligent hiring claims if foreseeable misconduct occurs.

A risk-based approach starts with accurate, lawful background checks and a consistent process for evaluating offenses in light of the job, including the nature of the crime, time since the offense, evidence of rehabilitation, and the level of supervision and access the role provides.

Positions that involve control over funds, confidential data, or unsupervised contact with children, elders, or persons with disabilities typically warrant a more restrictive standard than roles with limited access and close oversight.

When nonprofits decide to hire individuals with criminal histories, they should document the business reasons for the decision and put in place safeguards such as closer supervision, segregation of duties, and periodic performance reviews tied to conduct expectations.

The goal is not to eliminate risk but to manage it through clear policies, training for hiring managers, board-approved exceptions processes, and ongoing monitoring so that each decision reflects both the organization's mission and its duty to safeguard those it serves.

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