Refusing to hire former criminals: Is it race discrimination? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Refusing to hire former criminals: Is it race discrimination?

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Question: Does your organization have a blanket policy of refusing to hire any applicant with a criminal record? If so, make sure you can explain exactly why.

A recent Pennsylvania court ruling shows that across-the-board “no ex-cons” policies can quickly run into legal trouble unless you can prove the restriction for a specific position was “job-related and consistent with business necessity.”

Because minority applicants are statistically more likely to hold criminal records, requiring a clean criminal-record history for all jobs could have a “disparate impact” on minorities and, thus, violate Title VII’s race-discrimination policies.

Case in Point: A bus company that caters to disabled customers hired Douglas El, who is black, as a driver. But a few weeks later it fired him after learning he’d been convicted in 1960 for second-degree murder for his role in a gang fight. He’d served three years in prison. (El act...(register to read more)

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