By Weisberg Cummings, P.C. on August 24th, 2023
An estimated 70 million to 100 million Americans have a criminal record. While employers in the United States can legally inquire about an applicant’s criminal history during the recruiting process, the laws are shifting, and Pennsylvania laws have changed to protect these job applicants from criminal record discrimination.
Do you suspect that an employer has been discriminatory toward you based on your criminal record? If so, it is important to know your rights regarding employment and the various examples of criminal record discrimination at work.
How Do You Get a Job With a Criminal Record?
Some steps you can follow to find a reliable job when you have a criminal record include the following:
- Research beforehand: Identify which companies are open to hiring candidates with a criminal background.
- Find helpful organizations: Some organizations may be able to help you find a job.
- Do volunteer work: Gain valuable skills and experience you can discuss during interviews through volunteer work.
- Improve your skill set: Develop relevant skills to thrive in your role by taking training courses or registering for online courses.
- Get strong references: Gather references from people who can explain to your potential employer that you are a capable and trustworthy worker.
- Be honest: Truthfully disclosing criminal convictions to employers while highlighting your positive traits may help you gain their trust.
You have 10 days to explain to your employer why you are suitable for a job if they deny employment due to your criminal record. In this case, you have the right to receive a copy of your background check.
Can an Employer Do a Criminal Background Check?
Employers can look into a candidate’s criminal background information. Based on your records and your explanation for them, your employer may consider your suitability for the position depending on whether the conviction directly relates to the job tasks and responsibilities.
In some states, employers are legally prohibited from inquiring about arrest records and using them to decide an applicant’s suitability for a role. In Pennsylvania, for instance, the Criminal History Record Information Act (CHRIA), dictates that an employer may only consider misdemeanor or felony convictions contained in a background check to the extent those convictions are relevant to the job the employee is being considered for.
6 Examples of Criminal Record Discrimination at Work
If you believe you may have experienced criminal record discrimination, you must prove how the employer was discriminatory regarding your criminal history. A great place to start is by looking at a few examples of criminal record discrimination in employment and the hiring process.
1. Asking About Your Criminal Record During the Hiring Process
Some states and cities, like Philadelphia, have laws that prohibit employers from asking about a candidate’s criminal record before making a conditional job offer. This policy encourages employers to be fair toward candidates with a criminal background. If an employer has a biased view of your criminal record, it might be proof of discrimination if these laws are present in your area.
2. Denying You a Position Unrelated to Your Criminal Record
Employers must consider how your criminal history relates to your ability to carry out job responsibilities safely. For instance, an employer could fairly deny an applicant with a kidnapping offense a kindergarten caretaker position. In contrast, the applicant might have a criminal record discrimination case if they were applying for a job in construction.
3. Not Justifying the Denial of Employment
In some states, employers who reject applicants with a criminal record must provide a written document explaining their decision. In the letter, they must explain how the applicant’s conviction would affect their ability to complete job responsibilities.
If their explanation lacks good reason, you may be able to file a criminal record discrimination lawsuit. You will have 10 days to explain how your conviction differs from the position.
4. Discriminating Against Your Record Because of Your Race
You may have a criminal record discrimination case if you suspect an employer has been discriminatory toward your criminal record because of your race. For example, an employer who hires applicants of one race with criminal records but avoids hiring applicants of another race with the same charges may be acting discriminatorily. Title VII of the Civil Rights Act of 1964 prohibits hiring decisions based on these discriminatory characteristics.
5. Terminating Your Contract for a Years-Old Conviction
You could have a claim if your employer terminates your contract based on a conviction that occurred many years ago.
The number of years varies. Some states prohibit employers from looking at records more than a decade old, while others only allow employers to look at convictions from within the past seven years.
6. Refusing to Hire Based on Your Arrest Records
The EEOC requires employers to treat arrest records differently from conviction records. This is because the case may have proven that someone other than the arrested individual committed the crime. For instance, a job candidate may have been falsely accused and arrested for a crime before legal professionals dismissed the charges. Employers may only inquire about the arrest records if they directly relate to the position.
Discuss Your Legal Options With an Employment Law Attorney
Getting hired with a criminal record is possible as long as your record does not affect the role you apply for. The EEOC requires employers to give you a fair chance to prove your capability to perform job tasks and explain the circumstances of your conviction during the recruitment process. To learn whether you have experienced criminal record discrimination, reach out to an experienced employment law attorney at Weisberg Cummings, P.C.
By contacting a professional with legal experience in discrimination, you will receive personalized assistance to help you understand whether your criminal record does relate to your suitability for the applied position. To find out what your legal options are, we welcome you to schedule a free consultation with Weisberg Cummings today.