Employment Discrimination Rights For Criminal Record In Kings
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
Depending on where you live, there may be ways to conceal your criminal record from background checks, such as through expungement or sealing. These processes and eligibility requirements vary by jurisdiction, so it is best to contact an expungement or sealing attorney in your state to see your eligibility.
If you believe that you or someone else experienced unlawful discrimination, you can report a civil rights violation.
In a Nutshell: A convicted felon does not enjoy a protected status against employer discrimination (i.e. like race, religion, sexual orientation, etc.). An employer may refuse to hire a convicted felon as long as there is a bona fide occupational basis for so discriminating.
If a criminal background check is conducted but doesn't relate to the nature of the job, the applicant might make a legal claim for discrimination or argue that the information obtained cannot be used when making hiring decisions.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in employment. If you believe you've been discriminated against at work or in applying for a job, the EEOC may be able to help.
An employment discrimination lawsuit is adjudicated in civil courts. This means that the plaintiff, in such cases, the employee, has the burden of proof.
It can be difficult for those with a criminal record of any kind to find employment. Many employers believe that once a person has been convicted of a crime, that person will always be unreliable. Even employers in low-risk industries tend not to hire applicants with criminal records.