For many job seekers in Michigan, finding a decent job is complicated by a criminal charge or conviction in their past. Criminal background checks may be standard practice for many employers. However, if a company’s policy against hiring job applicants with criminal records disproportionately affects minority applicants, the business could be in violation of Title VII of the Civil Rights Act of 1964, among other laws.
The balancing act: criminal records and fair employment
The Equal Employment Opportunity Commission (EEOC) has clear guidelines to prevent discrimination in the workplace. Employers have the right to consider criminal records when hiring but must do so without bias towards race or national origin. Here’s what the EEOC suggests:
- Assess the relevance of the offense: Employers should weigh the type of crime, its severity and the time elapsed since the incident.
- Consider the nature of the job: The job’s responsibilities and risks should dictate the impact of a criminal record on hiring decisions.
- Differentiate between arrest and conviction: An arrest alone is not evidence of guilt and should not be the sole reason for employment denial.
Despite these guidelines, minority applicants still face uphill battles. Recently, the EEOC filed a lawsuit against Sheetz convenience store chain for allegedly discriminatory hiring practices that go back to 2015. The agency says that Sheetz’s use of criminal background checks in hiring disproportionately affect Black, multiracial and Native American applicants, who were denied jobs on that basis between 13 and 14.5 percent of the time. The company turned down white applicants based on their criminal history just 8 percent of the time.
Michigan’s Clean Slate Law
Workers should be aware of Michigan’s Clean Slate Law, which allows for the expungement of certain criminal records. Expungement makes it easier for individuals to move forward without past convictions holding them back. Some offenses are automatically cleared after a set time, while others require a petition.
Next steps after experiencing hiring discrimination
If you feel that an employer discriminated against you because of your criminal record, it’s wise to talk to an employment law attorney. A legal representative can help you understand your rights and represent you if necessary.