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Employers sometimes discriminate against individuals with a criminal record by denying them jobs, promotions, or equal treatment based solely on their past. They may use unfair policies that reject all applicants with any criminal history, even if the offense is unrelated to the job or occurred years ago. This kind of blanket discrimination can violate federal and California laws, such as Title VII of the Civil Rights Act and the Fair Chance Act, which are designed to protect individuals from unfair treatment.
A skilled employment law attorney can fight for your rights if you believe you’ve been discriminated against because of your criminal record. An experienced lawyer will evaluate your situation, explain your legal options, and file a complaint or lawsuit if necessary. They can gather evidence, negotiate with the employer, and work to secure compensation or other remedies on your behalf.
How Do Companies Try to Discriminate Illegally?
Individuals with a criminal record often face unfair treatment when they try to rebuild their lives, especially in the workplace. Some companies may discriminate against these individuals illegally, even though federal and state laws offer protections. Discrimination can happen in many ways, often disguised as standard business practices.
One of the most common forms of illegal discrimination is refusing to hire someone solely because of their criminal record. While employers can consider criminal history in hiring decisions, they are not allowed to automatically reject every applicant with a record. The Equal Employment Opportunity Commission (EEOC) has guidelines that require employers to consider the nature of the offense, how much time has passed since the conviction, and whether the offense relates to the job. Ignoring these factors can lead to illegal discrimination.
Another way companies discriminate is by using blanket policies, such as “no felons allowed,” in job postings or hiring criteria. These policies may violate the law, especially if they disproportionately affect people of certain races or backgrounds. Employers must show that their hiring decisions are based on business necessity, not bias.
Some companies may also discriminate during background checks. For example, they might run checks only on certain applicants based on race, appearance, or last name. This selective screening is illegal and unfair. All applicants must be treated equally during the hiring process.
In other cases, individuals with records may get hired but then face unequal treatment at work. They might be denied promotions, given less desirable shifts, or fired without a valid reason. If these actions are based on their criminal history and not their job performance, they may be considered discrimination.
Finally, some companies fail to follow state laws that offer extra protections for people with records. In many states, individuals can have their records sealed or expunged, meaning employers are not allowed to ask about or use those records. Ignoring these laws can lead to legal consequences for the employer.
Overall, individuals with a criminal record still have rights. Companies must follow fair hiring and employment practices. Discriminating against someone just because of their past is not only wrong — it may be illegal. Holding employers accountable helps to ensure that everyone gets a fair chance.
What are the Various Federal and State Laws that Protect Against Employment Discrimination?
Employees and job applicants with criminal records are protected by several federal and California state laws that aim to prevent unfair discrimination. These laws help ensure that people with past convictions still have a fair chance at getting and keeping a job.
At the federal level, the main protection comes from Title VII of the Civil Rights Act of 1964. While it doesn’t directly ban discrimination based on criminal history, it does prohibit racial and national origin discrimination. Because people of color are arrested and convicted at higher rates, the Equal Employment Opportunity Commission (EEOC) says that using criminal records to deny employment automatically can lead to illegal discrimination if it unfairly impacts certain racial groups. Employers must consider the type of offense, how long ago it happened, and whether it relates to the job before making a decision.
California also has strong state laws to protect individuals with criminal records. One of the most important is the Fair Chance Act, also known as the “Ban the Box” law. This law, which went into effect in 2018, makes it illegal for most employers in California to ask about an applicant’s criminal history on a job application. Employers must review the applicant’s qualifications and offer a conditional job offer before looking into the applicant’s criminal background.
In addition, California law requires employers to perform an individualized assessment if they are considering taking back a job offer because of a criminal record. They must look at how serious the offense was, how long ago it happened, and whether it’s related to the job. If the employer decides not to hire the person, they must notify them in writing and give them a chance to respond.
Also, under California Labor Code Section 432.7, employers can’t ask about or use information about arrests that didn’t lead to convictions, sealed or expunged records, or participation in pre-trial diversion programs.
Together, these laws help protect people with criminal records from being judged unfairly and give them a real opportunity to work and succeed. If an employer ignores these rules, the individual may have legal grounds to file a complaint or lawsuit to protect their rights.
Possible Remedies if You Face Criminal Record Discrimination
If you face employment discrimination because of your criminal record, several possible remedies are available to help fight back and protect your rights. These remedies aim to correct the harm done to you and hold the employer accountable for unfair or illegal treatment.
One of the first remedies may be to file a complaint with a government agency. If you believe the employer violated federal law, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). If the discrimination also violates California law, you can file with the California Civil Rights Department (CRD). These agencies will review your complaint, investigate the situation, and may try to resolve the issue through mediation or a settlement.
If the agency finds that discrimination occurred, one possible remedy is reinstatement, which means getting your job back if you were fired or denied employment unfairly. It can help restore your position and show that the employer’s actions were wrong.
Another remedy is back pay, which includes income or benefits you would have earned if the discrimination had not happened. This can include lost income, missed bonuses, or retirement contributions. In some cases, you may also receive front pay, which is money paid for future income if returning to the job is not possible.
In addition to financial remedies, employers may be required to change their policies and practices. For example, they might have to remove blanket bans on hiring people with criminal records, train staff on fair hiring practices, or improve their background check procedures. These changes can help prevent the same kind of discrimination from happening to others.
You may also be eligible for compensation for emotional distress. If being denied a job or fired because of your record caused you stress, embarrassment, or anxiety, you can receive money to make up for that harm.
Finally, employers found guilty of illegal discrimination may face penalties or fines. These punishments are meant to send a clear message that breaking the law has consequences.
Facing employment discrimination is difficult, but these remedies offer a path toward justice. Taking action not only helps you, but it also helps create fairer opportunities for others with criminal records.
How Can an Experienced Employment Lawyer Help if You Face Criminal Record Discrimination?
If you are facing discrimination at work or during the hiring process because of your criminal record, an experienced employment lawyer can be a powerful ally. These legal professionals understand the laws that protect your rights and can guide you through the process of standing up against unfair treatment.
One of the most important ways a workplace discrimination lawyer can help is by reviewing your situation and determining whether the employer’s actions were illegal. Not all use of criminal history is against the law, but employers must follow strict rules. A lawyer can examine your case and tell you if your rights under federal or California law—such as the Fair Chance Act or Title VII of the Civil Rights Act—were violated.
If your rights were violated, a lawyer can file a complaint with the correct agency, such as the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). These agencies handle discrimination claims, but the process can be confusing and time-consuming. A lawyer ensures all deadlines are met and the complaint clearly explains the discrimination you experienced.
A skilled workplace discrimination lawyer can also collect strong evidence to support your case. It may include emails, job applications, background check reports, or witness statements that show how the employer treated you unfairly. Having solid proof can make a big difference in whether your claim is successful.
If the case moves forward, your lawyer can negotiate with the employer to try to reach a fair settlement. It might include back pay, emotional distress compensation, or changes to the company’s hiring policies. If the employer refuses to cooperate or offer a fair solution, your lawyer can represent you in court and fight for justice.
In addition to getting results in your case, an experienced lawyer can send a message to employers that criminal record discrimination will not be tolerated. Holding companies accountable not only helps you, but it can lead to better practices for everyone.
Overall, an employment lawyer provides the support, knowledge, and legal strength necessary to resist discrimination and move forward with your life and career.
Most Important Steps to Take if You Believe You Were Discriminated Against
If you believe you were discriminated against because of your criminal record, it’s important to take action right away. Your steps can protect your rights, strengthen your case, and improve your chances of receiving fair treatment. Here are the most important steps to follow:
- Call an Experienced Employment Attorney Immediately: The first and most important step is to contact an experienced employment discrimination attorney. A lawyer who understands criminal record discrimination laws can guide you through the process, help you understand your rights, and advise you on the best course of action. They can also handle communication with employers, gather evidence, and represent you during legal proceedings.
- Gather Evidence and Keep Records: Start collecting any documents or messages that show how the employer treated you. It can include job applications, interview notes, rejection letters, background check reports, and emails. If anyone made comments about your criminal record, write down what was said, when it was said, and who said it. Save everything, and organize it so it’s easy to share with your attorney.
- Learn Your Rights Under the Law: Understanding your rights is vital. Under federal law, Title VII of the Civil Rights Act protects people from the use of criminal records that causes racial or ethnic discrimination. In California, the Fair Chance Act makes it illegal for most employers to ask about your criminal history on job applications or early in the hiring process. Employers also must consider the age of the offense, its seriousness, and whether it’s related to the job before making a decision.
- File a Complaint with the Right Agency: Your attorney can file a complaint on your behalf with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). These agencies investigate discrimination claims. Be aware of deadlines—usually between 180 and 300 days from when the discrimination occurred.
- Respond Promptly to Notices from Employers: If an employer tells you they may take action based on your record, they must give you a chance to respond. This is your opportunity to explain your side and correct any mistakes in the background check.
Taking these steps quickly, especially contacting a lawyer, can make a big difference in protecting your future and holding employers accountable.
Speak with an Experienced Employment Law Attorney Right Away
If you experienced employment discrimination because of your criminal record, you are not alone. A knowledgeable employment discrimination attorney can review your situation with you, determine your legal options, and aggressively fight for your rights. Contact us!
