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Arrests and Convictions in Employment

Today, it is much easier for employers to do background checks on potential employees, a luxury which some say employers are exploiting. Although employers once had to physically search through court records in order to find out information on potential employee’s arrest or conviction records, it is now a much easier process, facilitated by background check companies and others.

In a society where almost 65 million Americans have some sort of criminal record, ranging from arrests to convictions, this seems almost unfair. But it is? Despite there not being any federal law which prohibits the discrimination by employers of potential employees with criminal records, the EEOC has set guidelines on how employers can use such records. Additionally, potential employees with criminal records are much more likely to be minorities, which screening process leads to discrimination in the applicant pool and a potential violation of Title VII of the Civil Rights Act of 1964.

Do you feel your rights have been violated as a result of an unfair screening practice of your employer or potential employer? Contact an attorney today.

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