Many states, including Arizona, Colorado, Connecticut, Florida, Hawaii, Kansas, Kentucky, Louisiana, Minnesota, New Mexico, New York, Pennsylvania, Washington, and Wisconsin, have laws protecting people with criminal records from discrimination.
Background Check Discrimination Which Has Prevented Gaining Jobs, Apartments, or Credit
If you applied for a job, an apartment, or credit, and were denied in whole or in part based on your criminal background, you may have a claim for money damages.
Many times, discrimination based on criminal background can also have an adverse disparate impact on minorities. For that reason, the Equal Employment Opportunity Commission (“EEOC”) has issued guidance for employers advising them to be very careful about using criminal background information, or credit information, during the hiring process.
If an employer is going to use an individual’s criminal background as a basis to make an employment decision, the EEOC requires that the employer consider the nature and gravity of the offense or conduct, the time that has passed since the offense, conduct and/or completion of the sentence, and the nature of the job held or sought. To view the guidance, go to http://www.eeoc.gov/laws/guidance/upload/arrest_conviction.pdf.
Background check discrimination is very real and affects thousands each year.
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