When someone has an arrest or conviction record, they might worry about how it will affect their future, especially regarding employment. Discrimination based on someone’s arrest or conviction record can make it challenging for individuals to move forward in life, even after they have served their time or otherwise resolved the matter. What should you know about the challenges this bias can cause?
Does federal law protect you from criminal record discrimination?
In the United States, Title VII of the Civil Rights Act of 1964, as amended, helps protect people from unfair employment discrimination based on their race, religion, sex, national origin and other attributes. However, the law does not prohibit employers from considering an applicant’s conviction.
Nevertheless, employers must avoid policies that unfairly impact protected classes of people. They must apply their policies consistently to all applicants. They must also avoid policies that negatively impact more people of a protected class. A hiring policy that causes an employer to reject more people of a particular race or national origin could be discriminatory.
Businesses can also ask about ongoing charges. However, they cannot make hiring decisions solely based on an arrest. An arrest does not always mean that they were guilty of the crime. The Equal Employment Opportunity Commission (EEOC) notes that employers can consider the applicant’s conduct when asking about an arrest.
State and local laws may offer greater protection.
Some states like Wisconsin offer more protections under state law. The Wisconsin Fair Employment Act (WFEA) protects people from being treated unfairly at work because of their criminal record in most cases. Employers can legally ask about pending charges, but not about arrests that did not result in a conviction. This means they cannot reject an application just because someone has an arrest on their record.
They also cannot consider conviction records unless the conviction is “substantially related” to the duties of the position. For example, a business might legally disqualify an applicant from working as a cashier due to a past theft conviction. The law would not allow that business from refusing to hire another applicant based on a drunk driving charge, on the other hand.
Some cities like Madison have even stricter rules against criminal record discrimination. The local ordinances in Madison prevent employers from considering arrests and convictions that happened more than three years ago when making hiring or firing decisions. The city also does not allow questions about criminal records in its own hiring process.
How can criminal record discrimination impact workers?
Everyone deserves a chance to prove themselves and contribute positively to society, regardless of past mistakes. When businesses do not hire or promote individuals just because of their criminal records, they not only harm those individuals but also miss out on potentially great employees.
This can have a significant and long-term impact on workers’ careers not just today but for years to come. Data from the United States Census Bureau shows that people with a felony conviction typically made about $7,000 less each year than those without a conviction. Over a lifetime, that difference adds up to around $500,000 less in earnings. These numbers show how difficult it can be for someone with a criminal record to make a living.
Above all, tell the truth.
You may worry about discrimination when applying for a job. However, you must tell the truth about recent arrests or convictions on an application. While employers might not be able to consider a past conviction, they can legally disqualify you from the job if you give them false information.
Understanding how the law handles discrimination and your rights is crucial if you suspect that this bias has impacted your search for employment. Every worker deserves a fair chance to secure employment, and knowing the legal protections available can empower you to stand up against unjust treatment.