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

If you believe that there is an illegal ban in place, it is important for you to gather all of your job application materials and other (detailed) evidence that supports your claim. You can also contact an employment attorney or agency that protects employees from discrimination. See the “Helpful Hint” box on PG. 599 above for how to contact one. The following evidence can help you to show that the employer has a policy of rejecting applicants with (certain) criminal records:

A job posting that says the employer will not hire people with (certain) criminal records;

A copy of the job application that says the employer will not hire people with (certain) criminal records;

A copy of the employer’s written policy, employee handbook, or other document saying the employer will not hire people with (certain) criminal records;

Information about other applicants whom the employer has hired or rejected for having a criminal record;

If the employer has a reputation in the community for not hiring people with (certain) criminal records; and/or

Comments or statements by the employer at any time about not hiring people with (certain) criminal records—make sure you write those down! Try to write down exactly what the employer said, when, to whom the employer was speaking to, what the circumstances were, and who else was there.^[1980]

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   EEOC Enforcement Guidance at § V(A). ↑