Employment discrimination against persons with criminal records

Employment discrimination against persons with criminal records varies from country to country. Commonwealth of Nations often prohibit the official disclosure of certain convictions that happened long ago and allow ex-offenders to legally conceal their criminal past.[1]

See also

References

  1. ↑ Helen Lam and Mark Harcourt (Oct 2003), The Use of Criminal Record in Employment Decisions: The Rights of Ex-Offenders, Employers and the Public, 47 (3), Journal of Business Ethics, pp. 237–252, JSTOR 25075141

[1][2][3]

Employment discrimination against persons with criminal records varies from country to country. Commonwealth of Nations often prohibit the official disclosure of certain convictions that happened long ago and allow ex-offenders to legally conceal their criminal past.

Ex-offenders often face employment discrimination once they have completed judicial due process and punishment. This discrimination is often enacted upon completion of employment applications that require responses about past criminal history. Ex-offenders are ruled out before given an opportunity for interview thus inhibiting employment and increasing the likelihood of repeat offense. (blumstein,nakamura,2009)

“Many richer countries, such as Australia, Britain, Canada and the U.S., have passed legislation prohibiting discrimination based on criminal record. However, the availability and extent of protection against discrimination for ex-offenders differs across jurisdictions.” (harcourt,2003)

All though some applicants can bypass the invasive questionnaire process of applications, many employers utilize background checks. Criminal convictions can automatically prevent employment in professions such as barbering, plumbing, bartending, and ambulance driving.” Employers might be unwilling to hire those with criminal records for many reasons – such as the risk of legal liability if a previous offender harms a customer or coworker, the risk of financial liability if the offender engages in theft, fears of personal violence, and the negative signals that a period of incarceration sends about their general skills or trustworthiness. “ (Holzer,2012)

According to TITLE VII CHALLENGES TO EMPLOYMENT DISCRIMINATION, between twenty-five and forty percent of ex-offenders are unemployed and job prospects for criminal offenders are only expected to worsen as employers continue to gain easier and cheaper access to criminal record.


  1. ↑ Berkeley Journal of African-American Law & Policy Volume 14 | Issue 1 Article 6 January 2012 Title VII Challenges to Employment Discrimination Against Minority Men With Criminal Records Alexandra Harwin https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1010&context=bjalp
  2. ↑ The Use of Criminal Record in Employment Decisions: The Rights of Ex-offenders, Employers and the Public Lam, H. & Harcourt, M. Journal of Business Ethics (2003) 47: 237. https://doi.org/10.1023/A:1026243413175
  3. ↑ Criminal Records, Collateral Consequences, and Employment: FCRA and Title VII in Discrimination againstPersons with Criminal Records Carlin M, Frick ESsrn Electron J2012 DOI: 10.2139/ssrn.2233647
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