Job Search Difficult for Ex-Offenders
June 21, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
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It’s generally against the law for most employers to discriminate against job applicants on the basis of race and national origin, among other characteristics. But these same employers routinely refuse to even consider hiring someone with a criminal record. The applicant with a record goes to the bottom of the pile – or doesn’t get into the pile at all.
And it often doesn’t matter the type of conviction. Employers don’t necessarily evaluate the difference between being convicted for a traffic offense like DUI versus a violent crime like first-degree murder. In other words, a record is a record.
Plenty of job-seekers have criminal records. And plenty of job-seekers with criminal records also happen to be a member of a minority group. Thus, there’s been a disparate impact on these job-seekers based on race and national origin. In other words, the exclusion of a large group of people from the job market based solely on a criminal record means that racial minorities are getting hurt the most when it comes to making a living.
And the trend has only gotten worse as electronic record keeping improves, granting potential employers relatively easy access to a job applicant’s past.
People Need Jobs, With or Without a Criminal History
Those who have been convicted and served time for offenses often have few resources to which they can turn for support. But resources are crucial to successfully re-entering the community.
It should go without saying, but the lack of a living wage is a sure way to get back into trouble. People need to eat. They need to support their families. They need to find meaningful work.
Here’s the paradox: even though you’ve served your time, you’re still getting punished, because you can’t find a job due to a criminal record. And when you can’t find a job, you’re more likely to get involved in what got you into trouble in the first place.
New Federal Guidelines for Employers
The U.S. Equal Employment Opportunity Commission (EEOC) has long been aware of the problem.
One of the EEOC’s responsibilities is to provide guidelines that help employers comply with federal laws against discrimination in hiring. Though it will remain to be seen, the EEOC’s guidelines could help reverse the trend. These guidelines state that the policy of excluding applicants from a job position solely based on a criminal record violates federal law, unless employers show that the policy is job-related and consistent with a business necessity. Moreover, an arrest is not a conviction, and employers cannot deny employment based on an arrest record.
Perhaps most importantly, employers should consider the nature of the offenses represented on a criminal record – not simply exclude the applicant by default. Just because you’ve got a record doesn’t mean you won’t make a great employee.
AUTHOR: James Crawford
Copyright The Law Offices of James E. Crawford, Jr. & Associates, LLC
More information about The Law Offices of James E. Crawford, Jr. & Associates, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Plenty of job-seekers have criminal records. And plenty of job-seekers with criminal records also happen to be a member of a minority group. Thus, there’s been a disparate impact on these job-seekers based on race and national origin. In other words, the exclusion of a large group of people from the job market based solely on a criminal record means that racial minorities are getting hurt the most when it comes to making a living.
And the trend has only gotten worse as electronic record keeping improves, granting potential employers relatively easy access to a job applicant’s past.
People Need Jobs, With or Without a Criminal History
Those who have been convicted and served time for offenses often have few resources to which they can turn for support. But resources are crucial to successfully re-entering the community.
It should go without saying, but the lack of a living wage is a sure way to get back into trouble. People need to eat. They need to support their families. They need to find meaningful work.
Here’s the paradox: even though you’ve served your time, you’re still getting punished, because you can’t find a job due to a criminal record. And when you can’t find a job, you’re more likely to get involved in what got you into trouble in the first place.
New Federal Guidelines for Employers
The U.S. Equal Employment Opportunity Commission (EEOC) has long been aware of the problem.
One of the EEOC’s responsibilities is to provide guidelines that help employers comply with federal laws against discrimination in hiring. Though it will remain to be seen, the EEOC’s guidelines could help reverse the trend. These guidelines state that the policy of excluding applicants from a job position solely based on a criminal record violates federal law, unless employers show that the policy is job-related and consistent with a business necessity. Moreover, an arrest is not a conviction, and employers cannot deny employment based on an arrest record.
Perhaps most importantly, employers should consider the nature of the offenses represented on a criminal record – not simply exclude the applicant by default. Just because you’ve got a record doesn’t mean you won’t make a great employee.
AUTHOR: James Crawford
Copyright The Law Offices of James E. Crawford, Jr. & Associates, LLC
More information about The Law Offices of James E. Crawford, Jr. & Associates, LLC
View all articles published by The Law Offices of James E. Crawford, Jr. & Associates, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
