Despite making an effort to find stability with a job, many individuals with a criminal record face discrimination based on negative stigmas surrounding criminal backgrounds. You may have been denied a job based solely on the existence of your criminal record. Is this cause for a criminal record discrimination case? It is important to know what your rights are as you seek employment.
If you feel you have been discriminated against in the workplace based on your criminal history, find out how to determine if you may have a case against your employer or potential employer.
Can You Sue Your Employer for Criminal Record Discrimination?
Yes, if you think your employer or a potential employer has discriminated against you based on your criminal record, you may have a legal case against them.
Because there are no federal laws prohibiting it, employers can use your criminal record as a basis to deny you employment. However, there are state and local laws that determine how employers can use criminal record information in their hiring processes. Despite these policies, many job applicants with criminal histories still get discriminated against.
While some states lack criminal record discrimination policies, many are implementing acts that help level the playing field for individuals who are working to get their lives back on track. For example, the Pennsylvania Criminal History Record Information Act (CHRIA) limits employers to considering criminal records only as they may relate to how suitable an applicant is for the position.
Other “ban the box” policies prohibit employers from asking about criminal histories during the application process. These laws also state employers can only consider more recent convictions — anything prior to a specified time period cannot be used as the basis for denying or terminating employment. For example, Philadelphia employers can only consider convictions that took place within seven years before the application date.
Additionally, job applicants who have criminal histories and are in minority groups tend to face more discrimination from employers. For example, a Latino job applicant with a similar record as a white applicant is more likely to be denied employment than a white applicant. If something similar has happened to you, you may have a case if the employer violated policies under the Civil Rights Act of 1964 — Title VII prohibits employers from discriminating in situations like the example above.
With these types of policies in place, job applicants with a criminal record have a stronger chance of finding employment after serving their sentence. While most employers do what they can to comply with such policies, there are often exceptions. If an employer fails to comply with laws like these, they could have a criminal record discrimination lawsuit on their hands.
How to Prove Criminal Record Discrimination
If you believe you have a criminal record discrimination case, you will need to prove the employer was discriminatory regarding your record. Having knowledge about conviction record discrimination laws in your city and state will be beneficial when knowing what to look for. If you are trying to prove an employer discriminated against you because of your criminal history, here are some things to keep in mind:
- When the employer asks about criminal history: Some states or cities have policies regarding when an employer can ask about criminal records. For example, in Philadelphia, an employer is prohibited from asking about criminal records prior to making a conditional job offer. Though they can revoke the offer if the applicant is later determined to be unsuitable, this policy prevents employers from being biased toward those with criminal records. While this policy does not apply everywhere, it can be used as proof of discrimination if such laws are present where you reside.
- Job position suitability: Employers must consider how your convictions relate to your ability to perform a job safely. Someone with a drug offense would fairly be denied a job in a pharmacy, though it’s likely this could not be used as a reason to deny employment in a supermarket. If an employer tries to deny you employment based on a conviction, you have the right to explain to the employer why that conviction should not be considered a problem for that specific position. If your record is unrelated to the job position and you are denied the position because of your record, you may have a case.
- Amount of time since the conviction: Some states limit what convictions employers can look at. This helps prevent job applicants from being denied employment based on a conviction that happened too long ago. For example, if your employer learns of a conviction on your record that occurred 10 years prior and they fire you as a result, you may be able to file for a criminal record discrimination lawsuit.
- Sufficient justification: In many states, employers are required to provide a written explanation for denying you employment if the reason is based on your criminal record. The explanation should provide sufficient justification regarding the decision, like what about the conviction makes you unsuitable. If inadequate justification or lack of reasoning is provided, you might have a case against the employer.
- Title VII characteristics: Keep an eye out for discrimination based on sex, national origin, race, religion and more. If you have characteristics protected under Title VII and have been denied a job because of your record, you could have a case against an employer if these characteristics influenced the decision.
The best way to determine if you have a criminal record discrimination case is by consulting with an employment law attorney. Someone with legal experience will be able to properly defend you in a lawsuit.
