A felony conviction can have serious repercussions for an offender. Not only might he or she be forced to endure jail time, but they also could face various obstacles when applying for job roles. Sadly, this can prevent them from effectively rebuilding their lives.
It is, however, important for employers to remember that many felons will deserve a second chance. Read this informative guide to hiring employees with a criminal history.
Ban the Box Laws
Many convicted felons might dread the thought of ticking the box that states whether they have a misdemeanor or felony conviction, as they will know this fact could work against them.
For this reason, 34 US states have passed the ban the box law, to provide convicted offenders with a fair chance of securing a job and rebuilding their life.
The law prevents an employer from asking about a candidate’s past convictions prior to being offered a job. Once an employer has made a job offer, they will be free to perform a background check.
Professional License Problems
It is, however, important to note that there are some convictions that can automatically prevent a person from embarking on certain careers or within specific industries.
For example, a felony crime could prevent a convicted felon from working in a government office, while those convicted of a DWI will be unable to work as a commercial truck driver. Those facing a conviction would, therefore, be wise to get in touch with Cole Paschall Law for criminal defense representation.
The Civil Rights Act of 1964’s Title VII
Employers must, however, be aware that rejecting a candidate based on a past conviction could potentially violate the Civil Rights Act of 1964’s Title VII. As a result of this, employers should only reject an application if they believe a candidate could pose a genuine risk to their business.
Treat All Candidates Fairly
To avoid breaking the law and ensure they hire the right candidate for a role, an employer must treat people of different genders and races in the same manner. For example, if you hire a male member of staff with a misdemeanor or felony conviction, it could be a crime to reject a female candidate for a similar crime.
It is also essential to consider when a candidate’s crime occurred. If they were convicted of a felony only a few months ago, you would have every reason to doubt their reliability. However, it would be harder to argue your case if they committed their crime 10 or 20 years ago and have had no convictions since.
Ask for an Explanation
The EEOC currently requires employers to provide a candidate with an opportunity to state why a felony shouldn’t prevent them from securing a job.
If a business owner is skeptical regarding whether a conviction will impact a candidate’s performance in a role, they should provide them with an opportunity to share their story and state why they deserve a chance at a position.
