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action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home5/californ/california-labor-law-attorney.com/wp-includes/functions.php on line 6114<\/p>\n
Discrimination cases are typically contained to protected classes, outlined in title VII as: age, race, religion, gender, sexual orientation, disability, and as of 2014, Nationality\/immigration status.<\/p>\n
Getting a second chance! The Equal Employment Opportunity Commission (EEOC) has published guidelines for the use of criminal records<\/a> in employment related decisions. The EEOC recommends that all employment decisions based on criminal convictions \u201cshould establish that the exclusion of an applicant or employee due to a criminal conviction was job-related and consistent with business necessity\u201d, taking into account the following factors:<\/p>\n Obviously a criminal background will have more bearing if you are looking at a job around children than on a construction site. These guidelines help to define that. Labor law is always complex, and when dealing with matters such as criminal record it can be even less cut and dry. Let my team at UELG help you sort it out with a free review of your case, call now<\/a>.<\/p>\n Photo Credot: Shutterstock\/Dusan Petkovic<\/p>\n","protected":false},"excerpt":{"rendered":" Discrimination cases are typically contained to protected classes, outlined in title VII as: age, race, religion, gender, sexual orientation, disability, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[825],"tags":[],"class_list":["post-2390","post","type-post","status-publish","format-standard","hentry","category-privacy-protections"],"acf":[],"yoast_head":"\n
\n<\/strong>Criminal back ground is not included in these protected classes however, the courts have found that employment decisions based on criminal backgrounds should have some guidelines.<\/p>\n\n
\nThe EEOC publication embraces this recognized standard, but also provides further guidance and recommendations designed to help employers comply with Title VII:<\/p>\n\n
\n\u2022 Employers should develop a “targeted screen” or more specific questionnaire. Targeted screens \u2013 i.e., those that consider the nature of the crime, the time elapsed, and the nature of the job \u2013 are more likely to meet the “job-related and consistent with business necessity” test, whereas blanket inquiries (e.g., “have you ever been convicted of a crime?”) are more likely to be problematic.
\n\u2022 Employers should not ask about criminal convictions on job applications. Instead, employers should inquire into criminal records only after the employer is knowledgeable about the applicant’s qualifications and experience. If employers do ask about convictions on job applications, the inquiries should be limited to convictions that are job-related and consistent with business necessity.
\n\u2022 Employers should perform an “individualized assessment.” An individualized assessment would consist of notice to the individual that he or she has been screened out because of a criminal conviction, providing the individual an opportunity to explain and present information to show why he or she should not be excluded, and consideration by the employer of the explanation and information presented by the individual. Evidence that may be considered by employer as part of this assessment includes: the circumstances surrounding the offense, the number of offenses for which the individual was convicted, the age of the individual at the time of conviction or release, evidence that the individual performed the same type of work for the same or another employer without incident, the length and consistency of employment history before and after the offense, rehabilitation efforts, employment or character references and whether the individual is bonded under a government bonding program.<\/li>\n<\/ul>\n
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