Jobs Find List

Categories


Location

Is it Illegal to Deny Employment Due to a Criminal Background?

Labor law is a complex subject, especially given different state laws and the many exceptions and exempt classes typically built into the compromises by which these labor laws were passed. The impact of many labor laws has not been fully realized for years after the original passage of the bill, as the laws required agencies to create regulations that were challenged and tested in the courtroom. This is especially true of labor laws relating to personal privacy and the appropriate methods for dealing with criminal history during the hiring process.

U.S. Labor Law and Hiring of Employees

The U.S. Equal Opportunity Commission was established in 1965 as part of the sweeping Title VII social legislation passed a year earlier. The mission of the EEOC is the elimination of illegal discrimination in the workplace, and part of that mission has been to define and protect the rights and obligations of employers and employees in the hiring process, especially those for special classes of employees such as minorities or those with a criminal record.

Employer's Right to Know Vs Employee's Right to Privacy

The key dynamic in a hiring situation is the employer's right to know any information about an employee related to his ability to do the job and suitability for the workplace and an employee's constitutional right to privacy. Relatively obvious circumstances, such as individuals with driving-while-intoxicated convictions being disqualified from working as school bus or taxi cab drivers may be cause for not hiring, but there a lot of gray areas as well. While state laws vary, generally speaking, employment applications can only ask about convictions or pending cases for higher level misdemeanors or felonies that were not expunged or erased. Employers are not allowed to ask about arrests for which you were not convicted.

Business-Related Reasons for the Refusal to Hire

An employer can only deny employment to an individual with a criminal record if there is a business-related reason to not hire that person, and it is illegal to not hire someone solely on the basis of the fact that they have a criminal record. However, from a practical point of view, employers have broad leeway as the courts have largely sided with employers except in cases where the applicant is highly qualified and/or a significant amount of time had passed since the criminal conviction.

All Information on Employment Applications is Private

All information submitted in an employment application, including criminal history, is confidential (whether you are hired by an employer or not) and cannot be distributed to any other parties except in legal proceedings. Therefore, job applicants with a criminal history do not have to worry about that information becoming public and damaging their reputation or ability to perform the job.



Tips to Find a Job from Millions of Job Listings Online

Jobs That Work With Sea Animals

With the majority of the world covered in oceans -- and a large part of them unexplored -- many people are fascinated with ocean creatures. There are several occupations available in this area, and they vary considerably in their educational requirements and annual salaries.Marine Animal Trainer Ma ...

Is it Illegal to Live at Your Place of Employment?

If you’re having financial, housing or transportation problems, you may think it would be easier to just live at work. If you’re involved in a relationship crisis, your office floor looks pretty inviting. Whether it’s unlawful to live at work depends on whether your employer gives ...

Get a Teaching Job After You Are 50 Years Old

Looking for work after 50 is often challenging, and the field of education is one of the more difficult careers to land. Often, there is a perception that younger teachers can offer a fresh perspective in classrooms. An older, more mature teacher has experiences that can translate into many learning ...

Hospital Security Job Descriptions

Security guards are hired by a number of different businesses to provide a little extra insurance that nothing untoward will happen. For example, power plants, retail outlets, steel mills and even hospitals typically have security on staff. Security guards who want to work at a hospital will have to ...

Find a Job at a Young Age

Finding a job at a young age can seem like a difficult task, especially if you have never really looked for one before. You may feel lost and not know where to turn for employment. Your first job can be a very important one, as you can use it as a tool and an opening to a better position. Starting t ...

Top Paying Careers in the US

When perusing any listing of the top paying careers it is important to keep two things in mind. The first is the definition of a career. While multi-million dollar salaries and bonuses for corporate CEOs consistently make the news, you have to remember that a CEO isn't a career, but a position withi ...

Where Can You Get a Job at 15?

Fifteen-year old children are legally allowed to work under federal and state law, but they and their employers are strictly bound by regulations that spell out which types of jobs, occupations and work activities are allowed or prohibited. The Fair Labor Standards Act, under child labor laws, also ...

Clinical Operations Job Description

A clinical operations manager oversees the day-to-day clinical activities of a health-care institution such as a medical facility, a hospital or a research lab. The manager ensures that the facility and its employees adhere to established clinical protocols and government regulations.Tasks A clinic ...

Electrical Project Manager Job Description

Electrical project managers, also known as superintendents, work for electrical contracting companies. They act as a liaison between company owners and electricians during the construction process at building sites. Job RequirementsAspiring electrical project managers must complete a four-year appr ...

Employment Policies and Procedures

All employers should have written policies and procedures that define what is and is not acceptable behavior in the workplace. These are usually found in an employee handbook, a message board, or in employee lounges and break rooms. Typically, they address and explain attendance policies, safety, ha ...

Why Is Networking One of the Best Ways to Get a Job?

Companies of all sizes encourage customers to refer friends with the hope of generating new revenue. Many people feel comfortable receiving information from a friend or colleague they trust rather than a stranger or unfamiliar business. The same is true when you seek new employment. Networking can b ...

Coordinator Job Descriptions

Coordinators perform a wide variety of duties throughout many types of organizations. The coordinator is a little like an administrative assistant and a scheduler. They often work for executive staff members, managers or departments. Coordinators are critical to keeping an organization operating smo ...

Get a Job on a Tugboat

Living and working on a tugboat can be an adventure, requiring physical labor and weeks away from home. You will get to travel the world and visit new locations when you dock, while staying physically fit. Most tugboat companies offer entry-level positions for deckhands -- people who assist others i ...

Should One List Previous Salary on Job Application?

Providing previous salary history on a job application can be tricky, but there are a few key points to consider when submitting that information.Was it Requested? The general rule of thumb when it comes to providing previous salary history to a potential employer is: if they don't ask, don't tell. ...

Full-Employment Budget Deficit

Full-employment budget deficits occur when the national economy is at full employment, yet the federal budget is still operating at a deficit. Full employment does not mean an unemployment rate of 0 percent, it just means that the employment-to-output level is optimal or in equilibrium. A budget def ...