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If you were denied employment or lost your job within the past 300 days because of your criminal record and you are African American or Latino and the company has 15 or more employees, you may have an employment discrimination claim under Title VII of the Civil Rights Act of 1964.

 

 

EEOC Title VII

Have you been denied Employment Based on your Criminal Record?

If you were denied employment or lost your job within the past 300 days because of your criminal record and you are African American or Latino and the company has 15 or more employees, you may have an employment discrimination claim under Title VII of the Civil Rights Act of 1964.

The US Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII, has acknowledged that African American and Latino workers are arrested and/or convicted at a disproportionately higher rate than other Americans and as a result the EEOC recognizes that some employer hiring policies may form the basis of a race discrimination claim.

Employers must justify employment decisions based on arrests and convictions. Your conviction must be "job-related". This is determined by evaluating the nature and gravity of the offense and the nature of the position held or sought. The conviction musty also be relevant given the amount of time that has passed since the conviction and/or completion of the sentence. Employer policies that reject all applicants with criminal records violates Title VII.

California is one of many states that bars employers from inquiring about arrests that do not lead to conviction. (CA Labor Code 432.7(a)). There is an exception for law enforcement positions and certain drug arrests for positions in a health care facility or pharmacy.

There a certain positions with industries or agencies that are regulated by state or federal law. Some examples of these type of positions are jobs working with children, the elderly or the disabled, healthcare, banking, security, law enforcement, etc. In some of these situations, you may be properly denied employment based on a criminal record because of an intervening law.

Please contact the LAW Project of Los Angeles for assistance with evaluating your case and for possible help with filing a Title VII charge with the EEOC. In order to preserve your rights, you should file a charge as possible and must file within 300 days of the discriminatory act. You must file a charge with the EEOC before you can sue a company for discriminating against you.


 

LAW Project of Los Angeles     8939 South Sepulveda, #110-746     Los Angeles CA  90045     phone: 213.254.2405    info@lawprojectla.org email info@lawprojectla.org