Workers with a criminal record - even a minor record dating back many years- often have a difficult time finding employment, especially given theproliferation of criminal background checks. For example, a major survey of LosAngeles employers found that over 60% of employers would "probably not" or "definitely not" be willing to hire an applicant with acriminal record.  

Although employers may (to varying legal degrees) consider a worker'scriminal history as part of the application process, employers often fail tocomply with a range of federal and state laws that provide fundamental protections against abuse of criminal backgroundchecks.  As a result, far too many hard-working people are wrongly denied employment, often in growing industries with serious labor shortages.

Of special importance, the U.S. Equal Employment Opportunity Commission (EEOC)has concluded that because African American and Latino workers are arrested and convicted more often than whites, hiring policies that exclude workers with acriminal record may discriminate in violation of Title VII of the Civil RightsAct of 1964. In addition, the nation's federal consumer protection law (theFair Credit Reporting Act) requires accuracy in background checks conducted by private screening firms, and mandates that employers provide a copy of background check reports to workers before any adverse employment decision is taken.

In partnership with community groups and legal advocates, NELP has initiateda new program to enforce these critical employment protections by: 

·       Making presentations to regional EEOC offices, workforce development specialists, public defenders,unions and other key organizations to help spread the word about civil rightsand consumer rights protections.

·       Educating employers about the EEOC's Title VII standards that apply to people of colorwho are denied employment based on an arrest or conviction record.

·       Offering legal assistance in special cases to workers who want to enforce theiranti-discrimination rights by filing Title VII discrimination complaints withthe EEOC. 

For more information about our work in this area, pleasecontact Madeline Neighly, mneighly@nelp.org, or Peggy Stevenson, pstevenson@nelp.org

Other key resources:

·       CommunityLegal Services of Philadelphia

·       Privacy Rights Clearinghouse

·       Equal Employment Opportunity Commission