Have you been denied employment due to a criminal record? You have certain rights under the Equal Employment Opportunity Commission’s (EEOC) employer guidance.
The EEOC recommends that if an employer denies employment to you due to a prior criminal record, an individualized review should be conducted. The employer must notify you that you were denied employment due to a prior criminal conviction. You must be given an opportunity to demonstrate that the denial should not be applied in your case due to your particular circumstances.
The employer should allow you to provide additional information for review such as references and your employment history to demonstrate rehabilitation. You should have the opportunity to discuss the criminal record and its relevance to the position for which you applied with the employer.
If an employer does not provide you with these opportunities, the employer may be in violation of EEOC guidance. The full text of the EEOC guidance is available at: http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm
Any employer policy that results in an automatic denial of employment because of any criminal conduct is a violation of EEOC guidance. The following is an outline issued by the EEOC of the areas employers should consider before denying employment.Any employer policy that results in an automatic denial of employment because of any criminal conduct is a violation of EEOC guidance. The following is an outline issued by the EEOC of the areas employers should consider before denying employment. The facts or circumstances surrounding the offense or conduct The number of offenses for which the individual has been convicted The individual's age at the time of the conviction Evidence that the individual performed the same type of work, post-conviction, with the same or a different employer, with no known incidents of criminal conduct The length and consistency of employment history before and after the offense or conduct Rehabilitation efforts including education, training and work history Employment or character references and any other information regarding fitness for the particular position and Additional information about your rights during the employment application process is available at Know Your Rights.
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This content should not be construed as legal advice, pertaining to specific factual situation or establishing an attorney-client relationship. For advice, please contact an attorney.