HOW EMPLOYERS CAN (& CAN’T) USE YOUR CRIMINAL HISTORY
WHAT WILL I LEARN?
- How employers CAN and CAN’T discriminate against you based on your criminal recordWhat employers CAN, CAN’T, and SHOULD consider about your criminal recordWhat laws protect people with criminal records against discriminationDifferent types of illegal discrimination related to your criminal recordWhat you can do if an employer illegally discriminates against you, and how to file a discrimination complaintThe different government civil rights agencies that protect your rights against illegal discriminationWhat kind of remedies you may be able to get if an employer illegally discriminates against youHow to locate an attorney, government civil agency, or non-profit organization to help you if you think an employer illegally discriminated against you
This section will explain the laws on how employers can (and can’t) use your criminal history to make employment decisions, and what you can do if you think an employer has illegally discriminated against you.
In general, the law says that employers should only consider your criminal history if it directly relates to your ability to do the job, and cannot use your criminal record to discriminate based on your race, color, religion, sex, or national origin. However, there is often a gap between what the law says on paper—about your rights as a job applicant or employee, and about the employer’s duties to treat you fairly—and how employers act in real life. It can also be difficult to prove that an employer has illegally discriminated against you, which can make it difficult to enforce your rights. But it is IMPORTANT for you to know what your rights are on paper, and know how to spot illegal discrimination and protect yourself from illegal practices as much as possible.