Disparate Impact Claims for Criminal Record Discrimination

When employers use criminal background checks in their hiring decisions, they may unintentionally create barriers that disproportionately affect certain racial and ethnic groups. While these policies might appear neutral on the surface, their effects are anything but equal. This legal concept, known as “disparate impact,” provides a powerful framework for

Rehabilitation and Redemption: Making Your Case to Employers

Having a criminal record can create significant barriers to employment, but it doesn’t have to define your future. Successful reintegration into the workforce depends largely on effectively communicating your rehabilitation journey and present capabilities to potential employers. With the right approach, you can transform past mistakes into powerful evidence of

Industry-Specific Considerations for Criminal Records

Navigating employment with a criminal record presents challenges in any industry, but certain sectors impose additional restrictions and scrutiny due to regulatory requirements, safety concerns, and public trust considerations. Understanding these industry-specific considerations is crucial for both employers making hiring decisions and individuals with criminal records seeking employment opportunities. At

Fair Chance Act Compliance for Employers

For millions of Americans with criminal records, finding employment represents a critical step toward stability and rehabilitation. Yet many face significant barriers during the hiring process, often being automatically disqualified based solely on past mistakes. Fair Chance Acts—also known as “Ban the Box” laws—address this challenge by removing obstacles to

Record Sealing and Expungement: How They Affect Employment

For the millions of Americans with criminal records, past mistakes can create seemingly permanent barriers to employment opportunities. Even minor offenses from decades ago can continue to appear on background checks, limiting career options and financial stability. Fortunately, legal remedies exist that can help remove these barriers: record sealing and

EEOC Guidance on Criminal Background Checks

For the millions of Americans with criminal records, employment background checks often serve as a significant barrier to economic opportunity. In response to this widespread challenge, the Equal Employment Opportunity Commission (EEOC) issued landmark guidance in 2012 that continues to shape how employers should lawfully conduct criminal background checks in

When Can Employers Legally Consider Criminal Records?

For millions of Americans with criminal records, the job search process is fraught with uncertainty. A central question looms over every application: Will my past mistakes prevent me from getting this job? While various laws protect against discrimination, employers can still legally consider criminal history in certain circumstances. Understanding when

Ban the Box Laws: State and Local Variations

“Ban the Box” laws represent one of the most significant employment law reforms of the past decade, designed to give people with criminal records a fair chance at employment. For the estimated 70 million Americans with some form of criminal history, these laws can make the difference between continued rejection

Criminal Record Discrimination in Employment: Rights and Remedies

For millions of Americans with criminal records, the path to stable employment is often blocked by hiring practices that categorically exclude anyone with a conviction history—regardless of the nature of the offense, when it occurred, or its relevance to the job. This widespread discrimination not only harms individuals seeking to