08/18/2016
Does a criminal record mean I can never get a job?
Not necessarily. The U.S. Equal Employment Opportunity Commission (EEOC) has said that use of criminal history may sometimes violate Title VII of the Civil Rights Act of 1964. This can happen, the EEOC says, when employers treat criminal history differently for different applicants or employees.
The Equal Employment Opportunity Commission (EEOC) says that a person cannot be denied employment based on a criminal record alone. Instead, the decision to hire or not must be based on a “business necessity,” which requires the employer to consider:
The nature and gravity of the offense or offenses.
The time that has passed since the conviction and or completion of the sentence.
The nature of the job held or sought.
EEO laws apply in employment situations whether the employer hires a third-party screening company or not. The Fair Credit Reporting Act (FCRA) requires compliance with EEO laws.
The EEOC has issued extensive guidelines for employers in considering the criminal history of a job applicant or employee. To aid in compliance with Title VII, the EEOC guidelines provide employers with examples of best business practices