Employment

The EMPLOYMENT CHAPTER will help you prepare to reenter the workforce and will guide you throughout the job application process. You will learn about your rights when an employer runs a background check on you, how and when an employer may consider your criminal record, and how to protect your rights in these situations. This Chapter will also help you if you want to apply for a professional or occupational license, start your own small business, or consider other alternatives to traditional employment. Finally, this Chapter will explain your rights in the workplace if your incarceration was the result of a disability, and how to protect yourself against illegal discrimination.

DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide, we did our best to give you useful and accurate information. However, the laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.

WHAT WILL I LEARN?

    In this chapter, you will learn about:Your rights throughout the job search processHow to prepare for the job marketHow to make the best impression on employersWhat to do if an employer or background check company violates your rightsHow to maximize your opportunities of finding the right job for you

  1. INTRODUCTION: Looking for Work

    1. Preparing to enter the job market

    2. How to present your best self

    3. Key terms in the employment chapter

  2. KNOW YOUR RIGHTS on Employment BACKGROUND CHECKS

    1. Your rights against employers related to criminal background checks

    2. If the employer conducts an “in-house” background check

    3. Errors in employers' in-house background checks:

  3. YOUR RIGHTS AGAINST BACKGROUND CHECK COMPANIES

    1. Background check companies’ access to your criminal records

  4. HOW EMPLOYERS CAN (& CAN’T) USE YOUR CRIMINAL HISTORY

    1. Legal and Illegal Employment Discrimination

    2. Real-life situations—examples of discrimination because of criminal record & race (or other protected characteristic)

  5. Jobs & Professions Your Record Might Exclude You From

    1. Legal restrictions on certain jobs

    2. Legal restrictions on professional licenses

  6. ALTERNATIVES TO TRADITIONAL EMPLOYMENT

    1. Consider self-employment or start your own business

    2. Become an independent contractor

    3. Join a worker-run cooperative business

    4. Apply to work through a temp agency

    5. Get Your Foot in the Door Through Temporary Positions

  7. HOW TO PROTECT YOUR RIGHTS IF YOU HAVE A DISABILITY

    1. Disability & reasonable accommodations in employment

  8. EMPLOYMENT APPENDIX

    1. Form I-9 (Employment Eligibility Verification)
    2. List of Workforce Development Programs in California
    3. How to Present Your Best Self: Proof of Rehabilitation
    4. How to Present Your Best Self: Tips for Success in Job Interviews
    5. Benefits for Employers: Federal Bonding Program
    6. LA Fair Chance Initiative for Hiring
    7. San Francisco Fair Chance Ordinance
    8. City of Richmond, CA:“Ban the Box” Ordinance
    9. A Summary of Your Rights Under theFair Credit Reporting Act (FCRA)
    10. Civil Rights Law that Governs Employers’ Hiring Decisions: Title VII
    11. Civil Rights Law that Governs Employers’ Hiring Decisions:EEOC Enforcement Guidance
    12. List of Equal Employment Opportunity Commission (EEOC) Offices in California
    13. List of Dept. of Fair Employment & Housing (DFEH) Offices in California
    14. California Department of Fair Employment and Housing (DFEH):“Pre-Complaint Inquiry” Form
    15. Equal Employment Opportunity Commission (EEOC) Complaint Process
    16. California Department of Fair Employment and Housing (DFEH) Complaint Process
    17. Professional/Occupational Licensing—Appeals Process
    18. Alternatives to Traditional Employment: Self-Employment &Starting Your Own Business
    19. Alternatives to Traditional Employment: Becoming an Independent Contractor
    20. Employment Rights for People with Disabilities: Exceptions Where an Employer Does Not Have to Provide a Reasonable Accommodation to an Employee
    21. Employment Rights for People with Disabilities: Requesting a Reasonable Accommodation for Your Disability
    22. Employment Rights for People with Disabilities: Sample Letter Requesting Reasonable Accommodation