Conviction Record is Not an Automatic Bar to a Job
October 2, 2011
by Richard L. Connors
Stinson Morrison Hecker LLP
Copyright © 2011
"In the vast majority of cases, employers may not automatically bar everyone with an arrest or conviction record from employment," according to a new fact sheet from the federal government.
Discrimination – "Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate in employment based on race, color, national origin, religion or sex. This law does not prohibit an employer from requiring or applicants to provide information about arrests, convictions or incarceration. But, employers may not treat people with the same criminal records differently because of their race or religion."
No Automatic Bar – "In addition, in the vast majority of cases, employers may not automatically bar everyone with an arrest or conviction record from employment. This is because an automatic bar to hiring everyone with a criminal record is likely to limit the employment opportunities of applicants or workers because of their race or ethnicity."
Factors to Consider – "If an employer is aware of a conviction or incarceration, that information should only bar someone from employment when the conviction is closely related to the job, after considering: (1) the nature of the job; (2) the nature and seriousness of the offense; and (3) the length of time since it occurred."
Arrests – "Since an arrest alone does not necessarily mean that someone has committed a crime, an employer should not assume that someone who has been arrested, but not convicted, did in fact commit the offense. Instead, the employer should allow the person to explain the circumstances of the arrest. If it appears that he or she engaged in the alleged unlawful conduct, the employer should assess whether the conduct is closely enough related to the job to justify denial of employment."
Reentry – "Each year, more than 700,000 individuals are released from state and federal prisons. Another 9 million cycle through local jails." In response, the U.S. Attorney General has assembled a Cabinet-level interagency Reentry Council, which includes the U.S. Equal Employment Opportunity Commission (EEOC), to support the federal government's efforts to assist those returning from prison and jail.
Richard L. Connors is an attorney with Stinson Morrison Hecker LLP, one of the country's largest law firms with more than 300 attorneys in more than 45-industry-focused areas. Mr. Connors represents management exclusively in employment and labor law.
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