What Are the Laws Barring Employment Discrimination Against Ex-Offenders?
- When recruiting for employment, there are three things to consider before hiring ex-offenders.employment image by Marin Conic from Fotolia.com
There are no federal laws that bar employers from inquiring about prior arrest and conviction records. There also are no federal laws that prohibit employers from refusing to hire ex-offenders. According to the U.S Equal Employment Opportunity Commission, or EEOC, it is not recommended that employers use these records solely to make hiring decisions because it limits employment opportunities of some protected groups. Various state laws prohibit employers from inquiring and making hiring decisions from arrests and conviction information. Employers must take into consideration three criteria when deciding to bar an ex-offender from employment. - According to the EEOC, employers should consider the nature of the job before deciding to not hire an ex-offender. If the nature of the job relates to the offense in which they were convicted, the employer has the discretion to not hire the individual. If he can perform the duties of the job and they are in no way related to the offense, an employer should consider this applicant to be just as eligible as other applicants.
- The nature and seriousness of the offense also should be considered when deciding whether to employ an ex-offender. If the employer believes the ex-offender is a danger to the public, they have the discretion to not hire the individual.
- Employers should consider when the offense occurred. If it happened in prior years, then the employer can take a further look at the applicant to determine if she is a good fit for the job. The employer should consider all three criteria when making a hiring decision.
