How an Arrest Record or Conviction Affects Your Employment
People are all too familiar with how hard it is to find a job these days. It’s not exactly a walk in the park. Imagine how much harder it is to find a job if you’ve been arrested or convicted of a felony. There aren’t that many ex-felon job opportunities out there, and while there are laws that protect these people from discrimination, it’s still quite a struggle to maneuver through all the background checks and the lengthy hiring process.
Continuing our discussion about being hired with an arrest record or a conviction, let’s explore some of the legal protections for applicants with a criminal record.
Legal Protections for Applicants
There are two federal laws that provide some protection for employees and applicants with a criminal record. One is the Fair Credit Reporting Act (FCRA), which focuses more on ensuring that reporting agencies provide accurate information on a person’s criminal history, including any updates on the expungement or enhancement of that record.
On the other hand, Title VII of the Civil Rights Act of 1964 has an entirely different focus and hones in on the discrimination of employers in their hiring decisions against ex-felons. Let’s further discuss the details of Title VII and how it protects applicants when applying for a job.
What Is Title VII?
Title VII of the Civil Rights Act of 1964 is a federal law that protects employees against discrimination based on certain specified characteristics: race, color, national origin, sex, and religion. Under Title VII, an employer may not discriminate with regard to any term, condition, or privilege of employment.
This particular statute applies to employers in both the private and public sectors that have 15 or more employees. It also applies to the federal government, employment agencies, and labor organizations.
Criminal Record Exclusion Policy
Since many employers have reasons for wanting to exclude applicants with certain types of offenses, a lot of people wonder: how can an ex-felon get a job at any company? The Equal Employment Opportunity Commission (EEOC), which enforces Title VII, has provided a three-part test that employers can use to ensure that their criminal record exclusion policy favors only those that pose an acceptable risk. The EEOC instructs employers to consider:
- The nature and gravity of the criminal offense or conduct
- How much time has passed since the offense or sentence, and
- The nature of the job, which includes where it is performed, how much supervision and interaction with others the employee will have, and so on.
These legal protections exist to discourage discrimination and allow arrested or convicted individuals a fair chance at applying for a decent job. Having a law that protects you and allows you to get the same career opportunities as someone without a criminal record is just what any ex-felon or arrested individual needs to start anew. However, it still doesn’t erase the fact that you face an uphill battle where you need to prove to your potential employer that you’re a worthwhile employee despite having a criminal record.
Fallen Valor is your ally in helping you find ex-felon job opportunities for a new beginning. No matter what your crime may have been, you deserve a second chance to build a new life. We are dedicated to ensuring all ex-felons have free access to our business directory where there are many job opportunities available.