Parolees Anonymous Network (PAN)
EMPLOYMENT RIGHTS FOR EX-OFFENDERS
Ex-offenders may encounter certain discrimination in their efforts to change their lives. Here are some laws and sources that can help overcome these obstacles.
Misuse of Information:
U.S. Department of Justice
Civil Rights Employment Litigation
601 "O" Street NW
Washington, DC 20004
American Civil Liberties Union (ACLU)
125 Broad St.
New York, NY 10004-2400
According to state and federal laws, a potential employer can ask about an ex-offender's arrest or conviction only if it is related to job duties. Federal and state laws largely limit a potential employer inquiring about arrests and convictions or using any information about arrests or convictions in making employment decisions. Without such laws, an employer's use of these records could have a discriminatory impact on minority groups.
For example, someone convicted of tax fraud who applies for a bank teller's position could be denied employment since the required job-related duties involve the handling of money.
Arrest records and conviction records may be treated slightly different since an arrest does not always mean that charges were filed. Even if charged, a person may have been acquitted.
If a company is collecting the information because it is job-related, some state laws limit the availability of an applicant's history within the company itself. Access to that information may be restricted to one focal point such as the personnel office. Such restrictions help maintain the applicant's privacy.
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