An Orange County employment law lawyer is familiar with the struggles people with a criminal record face as they seek a job.
How California State Law Protects Those With Criminal Records Seeking Employment
In California, the employer is not allowed to ask an applicant about arrests that occurred, but didn?t result in a conviction. They are not allowed to ask questions if the job applicant took part in diversion programs or pre-trial intervention programs. Employers do have the right to ask applicants about cases in which they were arrested and are still awaiting trial. If a case has a sealed conviction, an expungement, or was statutorily eradicated, then the employer cannot ask about it. In the event there were older marijuana offenses, these cannot be asked about. Job-related convictions can be discussed.
How Those With A Criminal Record Are Protected By Federal Law
There are also two federal laws that protect those with a criminal record as they seek employment. With the Fair Credit Reporting Act, the employer is required to:
- Receive consent from the applicant,
- Inform the applicant if there will be disqualification from potential employment based on what is in the criminal background report and provide a copy of the report,
- Provide notification to the applicant after a decision is made to hire or not hire the prospective employee based on what is in the report Under the Civil Rights Act of 1964, it is part of Title VII that prospective employees be protected from discrimination.
Given the higher rate of African-Americans and Latinos who have been convicted of a crime and incarcerated, the employer refusing to hire anyone with a criminal record could be viewed as discriminatory. The Equal Employment Opportunity Commission can guide employers how to exclude applicants who have a criminal record that is believed to present an unreasonable danger.
Contact An Experienced Orange County Employment Law Lawyer
If you have questions about legal protections accorded to applicants with a criminal past when seeking employment, an Orange County employment attorney can help. Call Daily Aljian LLP at 949-861-2524.