{"id":2390,"date":"2009-06-15T08:00:36","date_gmt":"2009-06-15T08:00:36","guid":{"rendered":"https:\/\/www.californialaborlaw.info\/?p=152"},"modified":"2009-06-15T08:00:36","modified_gmt":"2009-06-15T08:00:36","slug":"california-criminal-background-employment","status":"publish","type":"post","link":"https:\/\/www.california-labor-law-attorney.com\/california-criminal-background-employment\/","title":{"rendered":"Guidelines for the use of Criminal Backgrounds in Employment"},"content":{"rendered":"

\"Two<\/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!
\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

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

    \n
  1. the nature and gravity of the offense or conduct<\/li>\n
  2. the time period elapsed since the offense was committed and\/or completion of the sentence<\/li>\n
  3. the nature of the job held or sought.<\/li>\n<\/ol>\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.
    \nThe EEOC publication embraces this recognized standard, but also provides further guidance and recommendations designed to help employers comply with Title VII:<\/p>\n