New Law Disallows Companies from Excluding Felons from the Hiring Pool
New equality guidelines issued by the federal government could force employers to hire more workers with criminal backgrounds.
Companies are warned about rejecting minority applicants who have committed a felony or other offense by the Equal Employment Opportunity Commission in their guidelines.
The EEOC advise to companies who have a policy that excludes people for employment based on criminal records is to get rid of or change the policy. The changes are being applauded by those who’ve noted that in many cases, a felony conviction becomes a life sentence, increasing crime due to the inability of convicted felons to find jobs or support their families after a period of incarceration.
Civil rights laws already prohibit employers from discriminating against job applicants who are from different ethnic backgrounds but have matching criminal histories, according to the EEOC.
The latest guidelines from the EEOC were given because there was concern that employers might be declining job applicants from minority groups, such as African Americans or Hispanics, because there are a larger number of these minority groups being arrested for crimes.
“There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records,” the EEOC’s website states.
“However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way.”
The agency’s commissioners approved the report in a 4-1 vote in April 2012.
Commissioner of the EEOC, Constance Barker, who was the only one voting against the new guidelines, said “The only real impact the new guidance will have will be to scare business owners from ever conducting criminal background checks.”
Commissioner Barker was nominated by President Barack H. Obama to serve a second term to expire on July 1, 2016. The nomination to the second term was unanimously confirmed by the United States Senate on September 26, 2011.
She added that the EEOC’s major shift in guidance from the past 22 years had “far exceeded its authority as a regulatory commission.”
Studies published by the University of Chicago Legal Forum and the Journal of Law and Economics show businesses are much less likely to hire minority applicants when background checks are banned. This problem is part of what many experts believe to have led to astronomical unemployment rates in the African American community. Black men, who are most impacted by laws that led to mass incarceration, typically have the highest unemployment rate among all Americans.
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12 Responses to New Law Disallows Companies from Excluding Felons from the Hiring Pool
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Everyone should visit the Eric website and familiarize themselves wit their policies. There. are many things that fall under this law even hostile workplaces and retaliation. You will fall prey to abuse if you remain ignorant of the laws. Use your google ap for something that gives you power.
Gailin Thorton
February 25, 2013 at 9:37 pm
Oops mispelled EEOC.
Gailin Thorton
February 25, 2013 at 9:39 pm
Thank you posting this information ! My son has been home from prison for 11 months and I can’t begin to tell you how many applications and job interviews have turn him down .
Donna
February 26, 2013 at 12:09 am
I can empathize with his frustration. I found myself unemployed and 50 years old. Nobody wants to hire the old dude, and except for some 20-year old speeding tickets, my record is spotless. Employers have their reasons for not wanting the old guy, and I can only conclude that they have their reasons for not wanting to hire the convict guy. I eventually found something I like, and so will your son.
Let me say this. Employers know that prisons do a horrible job of “rehabilitating” people. Many guys come out of prison worse than they went in — they learned more schemes on how to commit crimes, and many developed a very bad attitude about the justice system and society in general. Employers don’t like to take a risk with someone when they have non-convicts applying all the time. Your son needs to find a way to work himself into work. An idea that has worked for others is to volunteer with a Habitat for Humanity project — hammer a few nails, do some sheet rock, whatever — and show that he can do physical labor, be trusted to show up, can get along with a group of mostly middle-class white people, and is able to learn something new. That sort of interaction with people who can influence his ability to find a job is important — if one of is references is a Habitat for Humanity project co-ordinater who can say “he always showed up with a smile on his face, worked well with others, and was one of the best volunteers we had this year,” an employer will be willing to give him a chance. He is in a tough spot, and has to think outside the box if he ever wants to get out of the box.
me112233
February 27, 2013 at 2:51 am
@ me112233 stop just stop talking
Baby girl 118
February 28, 2013 at 4:14 pm
Im Havin Such A Hard Time Myself In Finding A Job Because Of My Past Background That Happen 12 Years Ago I Feel Thats Not Right That This Is Holding You Back From Working
Latishia Rogers
February 26, 2013 at 12:24 am
George Bush became President of the United States with a criminal record, DWI and a cover up on other crimes that were erased…..I personally know of two blk males incarcerated for felonies, one is now a criminal attorney in the same town that locked him up…..The other is a professor (PhD) at Winston Salem State University, Dr E. Lewis (google his book on amazon)…..Yes, you can have a full life after a felony conviction, read Dr.Lewis’s book . Get out there and make the life you want happen, these two men did…and so ca anyone else….
Sharon
February 26, 2013 at 12:54 am
Sharon, thank you for sharing those two great examples of men who turned their lives around and are now helping others. I will definitely Google them and get the book. We need to share this so others can also see that it is possible.
Yvette
February 27, 2013 at 12:44 pm
Lets see how well that goes over ………. but maybe if you’re a white felon ?
http://www.techyville.com/2012/11/news/unemployed-black-woman-pretends-to-be-white-job-offers-suddenly-skyrocket/
Ohhh Yeahhh
February 27, 2013 at 12:53 am
Sharon, thank you for sharing those two great examples of men who turned their lives around and are now helping others. I will definitely Google them and get the book. We need to share this so others can also see that it is possible.
Yvette
February 27, 2013 at 12:45 pm
This sounds like a great way to reduce unemployment. It will be good for those with misdemeanors too. I liked me112233′s suggestion about volunteering for Habitat for Humanity as a way to return to employment.
J.D. Meyer
March 1, 2013 at 3:13 pm
This is true!!
bobby mcclinton
March 1, 2013 at 9:33 pm