Are there legal protections for job applicants with criminal records under federal law?

Criminal records are a serious employment matter, and are hotly debated among reformation advocates, federal lawmakers, and employers. It is important for companies hiring new employees to have insight into the past of their potential employees, but things quickly become problematic when employers start using the information found on criminal records to discriminate against applicants who may have turned their lives around and are looking for good and honest ways to support themselves. 

In the state of California, it is illegal for potential employers to inquire about past convictions until they have determined whether or not the candidate is qualified for the job. This helps to prevent discrimination and gives the applicant time to get to know their prospective employer a bit more personally. Federally, there are less protections.

 Under federal law, there is nothing that prohibits employers from asking about a criminal history or a criminal record. However, there are laws in place that prevent employers from discriminating against two people with similar records based on race, national origin, gender identity, or any other protected characteristic. For example, let’s say that two people who were convicted of petty theft in their teens both apply for a job. One applicant is caucasian and the other is black. It is illegal for the employer to give one applicant clear preferential treatment over the other, as their criminal records are so similar. 

If you or a loved one has a criminal record and are seeking employment, it is important to understand your rights and to advocate for yourself. We are happy to consult with anyone who may have questions, so call us today to discuss the details of your situation or to discuss any discrimination you may have faced!