Rules were established in 1987 governing the hiring of applicants with criminal records. These guidelines, set forth by the U.S. Equal Employment Opportunity Commission were designed to help control how employers looked at such applicants and in what scenarios they could deny employment based on a criminal record.
According to the Miami Herald, an estimated 65 million Americans have a criminal record. And a criminal record can seriously impact your ability to find a job. Paired with the fact that the unemployment rate is high and competition is increased, those with a criminal record that shows up on a background check face particularly tough times.
A 2007 Appeals Court ruling found that the 25 year old regulations had shortcomings, namely a lack of facts and analysis to back the rules. In response, the EEOC amended the existing regulations to include research showing how discrimination based on criminal history adversely affects minorities.
“Denying jobs solely on the basis of criminal convictions is illegal, because it would disproportionately affect blacks and Latinos. Who have higher rates of arrest and criminal conviction,” according to the Miami Herald.
Current regulations require that a denial based on criminal convictions must be “job-related and consistent with business necessity.” The employer must be able to show that they considered the length of time since the criminal conviction, the severity of the offense, and how it is relevant to the job being sought.
Rather than rewrite the standards, the EEOC simply added national data on race and crime, and guidance for employers so their hiring practices adhere to the current standards.
Some employers, including the National Retail Federation, are concerned about how the standards could affect the safety of their employees and the general public. In other words, they want to be able to exclude applicants even when the conviction may have nothing to do with the job they are applying for.
While getting a job right now is difficult for anyone, criminal record or no, having a conviction on your record makes it even tougher.
Employment is said to be one of the top factors in keeping someone with a criminal record out of legal trouble. Having a job reduced recidivism. But finding a job can be hard when you have a record and you are in competition with dozens of other people who don’t.
Jail time and fines aren’t the only consequences of a criminal conviction. The effects can last for years.
If you are accused of a crime, the best way to avoid such long lasting penalties is in avoiding a conviction. Contact us today to be put in touch with a local defense lawyer who can discuss your options and the best way to go about getting a positive resolution on your case.
About David Matson