State and Local Protections
While some states lack criminal record discrimination policies, many are implementing acts that help level the playing field for individuals who are working to get their lives back on track. For example, the Pennsylvania Criminal History Record Information Act (CHRIA) limits employers to considering criminal records only as they may relate to how suitable an applicant is for the position.
Other “ban the box” policies prohibit employers from asking about criminal histories during the application process. These laws also state employers can only consider more recent convictions — anything prior to a specified time period cannot be used as the basis for denying or terminating employment. For example, Philadelphia employers can only consider convictions that took place within seven years before the application date.
Additionally, job applicants who have criminal histories and are in minority groups tend to face more discrimination from employers. For example, a Latino job applicant with a similar record as a white applicant is more likely to be denied employment than a white applicant. If something similar has happened to you, you may have a case if the employer violated policies under the Civil Rights Act of 1964 — Title VII prohibits employers from discriminating in situations like the example above.
With these types of policies in place, job applicants with a criminal record have a stronger chance of finding employment after serving their sentence. While most employers do what they can to comply with such policies, there are often exceptions. If an employer fails to comply with laws like these, they could have a criminal record discrimination lawsuit on their hands.
