Criminal Record Discrimination Lawyers
Once you’ve completed the requirements of your prison or jail sentence, your next action is often seeking employment. Some states and cities have laws allowing employers to ask about criminal history or run criminal background checks. These inquiries can make it challenging to get gainful employment, especially if there is substantial competition for a job.
Employers can conduct pre-employment screenings and background checks in many locations that ask sensitive questions concerning your criminal record. Yet, laws exist that prevent such information from being used as a discriminatory employment practice.
Which Employers Have to Follow Criminal Record Discrimination Laws?
Many claims of criminal record discrimination fall under the applications of Title VII of the Civil Rights Act of 1964. Generally speaking, it’s unlawful for an employer to use criminal history as a basis of employment decisions if:
- It doesn’t conflict with the job requirements, such as the ability to get a security clearance.
- It adversely affects one population group with protected characteristics, such as race or gender.
Title VII primarily applies to labor organizations, employment agencies and entities with 15 or more employees, with some exemptions for private associations or religious groups. Additionally, the Pennsylvania Human Relations Act provides similar protections in Pennsylvania for employees of companies with as few as 4 employees.
In Pennsylvania, the Criminal History Record Information Act (“CHRIA”) also limits an employer’s ability to use information found on a criminal background report for hiring purposes. The act limits an employer’s ability to use this information only as it relates to felony and misdemeanor convictions, and “only to the extent to which they relate to the applicant(s) suitability for employment in the position for which he has applied.” The law further provides that an employer must notify you in writing if “the decision not to hire is based in whole or part on criminal history record information.”
Several cities — such as Philadelphia — are also placing more legal restrictions on how and when employers can use charges and convictions as part of their hiring and termination processes. An experienced employment law attorney can help you determine if you have a criminal record discrimination case and what compensation you might deserve.
When Should I Contact a Criminal Record Discrimination Attorney?
You may have a case for criminal record discrimination if you’ve experienced the following:
- Denial of employment as a result of a criminal background check.
- Termination due to charges or convictions.
Contacting a qualified legal professional is the most effective route you can take to get advice on your claims and next steps.
Advantages of Working With a Criminal Record Discrimination Lawyer
When you partner with an employment law attorney — like those at Weisberg Cummings — your case gets the time and attention it deserves with benefits like:
- Extensive legal knowledge: Lawyers specializing in employment law have a more in-depth understanding of its challenges and nuances. They rely on their expertise to help you navigate the system more confidently.
- Support: Working with an attorney who is sensitive to your unique needs fosters comfort and trust. You can have peace of mind knowing your legal professional understands the impact of your claim.
- Experience: A seasoned attorney knows how the system works and has the knowledge to present your claims in the most helpful way.
Turn to Weisberg Cummings for Your Criminal Record Discrimination Case
Having an experienced litigation attorney on your side can make all the difference when it comes to a successful criminal record discrimination complaint. Trust the professionals at Weisberg Cummings for the legal representation and advocacy you deserve. Our team will draw on over 40 years of combined experience in discrimination law to fight for your legal rights. Contact us today to request your free consultation.
