Orlando Work Discrimination Attorney Discusses Employee Discrimination and Criminal History
November 17, 2015
If you feel that you have been the victim of discrimination in the work place, call your Tampa work discrimination attorney to schedule a consultation. If you have been convicted of a crime in the past, you may be concerned with finding an employer who will hire you with your conviction. Some employers may not even hire someone who has been arrested, let alone convicted. But there is one big question that stems from this:
Is Employee Discrimination Based on Criminal History Legal?
As your Orlando work discrimination attorney can tell you, there is no straight-forward answer to this question. As of now, there are no federal laws on record that stop an employer from not hiring someone based on their criminal history. However, it has been found through the U.S. Equal Employment Opportunity Commission (EEOC) that not hiring a person based on their criminal history could be considered racial discrimination. The reason behind this is that, depending on where you may live, certain minority groups are more frequently arrested than others. Claiming that they are not being hired due to their criminal history could just be a way of covering up for racial discrimination. The EEOC has actually implemented rules to employers that using the criminal history of certain minorities to not hire them is prohibited. Laws are different from state-to-state, but your Orlando work discrimination attorneys can help you understand what the laws are in your jurisdiction. Depending on the laws in your area, hiring employers may not even be legally allowed to ask you about your criminal history. Some states allow employers to ask about any criminal charges that may be pending, or if you have been convicted in the past. Despite the laws in your state, prospective employers may still be able to find out about your criminal history. Many times arrest records and mugshots are available for anyone to view online. The EEOC has recommended to employers that if they do bring up your criminal history, that you should be at least given the chance to explain what happened. The employer will be allowed to follow-up on your statements to determine if what you said is accurate.