How to file a complaint against a Federal agency.Įmployer Coverage: Private sector employers with 15 or more employees are covered by the laws that the EEOC enforces.How to file a charge of discrimination against a private or state/local government employer or call 1-80.Our services are free, and you do not need a lawyer to file a complaint. Because there are strict time limits for filing a discrimination charge to protect your rights, you should contact us as soon as possible. If you think an employer has unlawfully discriminated against you, file a charge of discrimination with the EEOC or with the state or local Fair Employment Practice Agency in your area. You can also get more information by emailing What to Do If You Think You Have Been Subjected to Discrimination To learn more about applying for federal jobs, including resume tips, see the Second Chance Act Federal Job Search Guide (opm.gov ). The Fair Chance to Compete for Jobs Act is a federal law similar to “ban the box” laws in some states and cities around the country that make it illegal to ask applicants about their criminal history before making a conditional job offer. However, they can ask about criminal history after making a conditional job offer. A federal government agency or a federal contractor may not ask whether you have a criminal record until after they have made you a conditional job offer. Applicants for Federal EmploymentĪn arrest or conviction record is not an automatic disqualifier for most jobs with the federal government or federal contractors. Check with your state or local Fair Employment Practice Agency to see if there are state or local laws about requesting or considering criminal history in employment decisions. For example, some states prohibit employers from even asking about criminal history until later in the hiring process. Other federal laws, such as the Fair Credit Reporting Act, and state laws may give job seekers and workers additional legal rights. The EEOC enforces federal equal employment opportunity law. Job Seekers and Workers May Have Other Rights. Also, a person should inform the employer if there are errors in their criminal record. This information can make a difference in some situations. An employer may ask for more information about a person's criminal history, employment history, education, job training programs while incarcerated, family and community support, employment and character references, and other relevant rehabilitative efforts. Then the employer can decide whether the conduct is a reason not to hire them or to make another employment decision.īe Prepared to Explain. There are situations where an employer can explore the person’s conduct leading to the arrest and ask them to explain the circumstances. The fact that a person was arrested is not proof that they committed a crime. An employer cannot refuse to hire people simply because they have been arrested. For example, federal law prohibits anyone convicted of certain serious crimes in the last 10 years from working as a security screener or having unescorted access to secure areas of an airport.Īrrest Records Are Treated Differently. Note that some laws prohibit employers from hiring people with certain criminal records for some jobs. The employer’s hiring decision should accurately predict who will be a responsible, reliable, and safe employee. the time that has passed since the criminal offense or completion of the sentence and.the nature and seriousness of the offense/crime.An employer can assess the relevance of a person’s criminal history and how it relates to the risks and responsibilities of the job. An employer that rejects everyone with a conviction from all employment opportunities is likely engaging in discrimination.Īn Employer That Considers Criminal Records in Hiring Decisions Should Assess Whether the Record is Relevant to the Job. For example, an employer cannot refuse to hire qualified Black men with felony convictions but hire equally-qualified or less-qualified White men with similar felony convictions.Īlso, an employment policy that rejects many more applicants of one race, national origin, or sex is discriminatory if the policy is not closely related to the job. But employers cannot treat people differently because of their race or national origin. The EEOC enforces federal laws that prohibit discrimination – including based on race and national origin – in private, state and local government, and federal sector workplaces.Įmployers can consider criminal records when they make the final decision about hiring. This webpage contains resources for job applicants and employees with an arrest or conviction record, and employers who are considering whether to hire them.
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