Legal and Illegal Employment Discrimination

KNOW YOUR RIGHTS:General overview of the law & your rights against illegal discrimination.

  1. 1946

    Hiring policies excluding people based on criminal history must consider at least three factors in order to be “job related” and “consistent with business necessity:” (1) the nature and gravity of the offense; (2) how much time has passed; and (3) the nature of the job sought. See Green v. Missouri Pac. R.R., 549 F.2d 1158 (8th Cir. 1977).

  2. 1947

    42 U.S.C. § 2000e et seq. See also EEOC, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 No. 915.002 (Apr. 25, 2012) (herein EEOC Enforcement Guidance).

  1. Can employers legally discriminate against me (such as not hiring or firing me) just because of my criminal record?

  2. What laws protect applicants from discrimination based on their criminal record?

  3. Can an employer have a policy that excludes applicants who committed certain specific crimes?

  4. What can an employer consider about my criminal history?

  5. How can I improve my chances of getting hired if the employer sees my criminal record?

  6. What can I do if I believe that an employer has a complete ban on hiring people with records?