{"id":903,"date":"2018-05-07T22:10:33","date_gmt":"2018-05-07T22:10:33","guid":{"rendered":"https:\/\/www.navigatingreentry.org\/?page_id=903"},"modified":"2025-02-04T13:14:14","modified_gmt":"2025-02-04T13:14:14","slug":"federal-protections","status":"publish","type":"page","link":"https:\/\/www.navigatingreentry.org\/index.php\/federal-protections\/","title":{"rendered":"Federal Protections"},"content":{"rendered":"

\"\"WHAT ARE FEDERAL PROTECTIONS FOR EMPLOYMENT?<\/span><\/span><\/h3>\n

Over the years employee rights have gained some traction, resulting in a series of important Federal laws that we rely on for job-related safety and benefits, as well as hiring practices <\/span>and promotions.<\/span><\/p>\n

Surveys show that the majority of employers do criminal background checks for some or all of their positions – approximately 92% according to one survey.\u00a0 There are some protections.<\/span><\/p>\n

Maryland law prohibits employers from asking applicants about criminal charges that have been expunged.\u00a0<\/span><\/strong><\/p>\n

Maryland’s Office of Fair Practices has issued guidance for employers, “Guidelines for Pre-Employment Inquiries Technical Assistance Guide,” which cautions employers not to ask about an applicant’s arrest record or general conviction record. The guidance indicates that employers should ask only about convictions that bear a direct relationship to the job and have not been expunged or sealed. And, the guidance suggests that employers consider the nature of the crime, how recent it was, and any efforts the applicant has made at rehabilitation.<\/span><\/p>\n

DO ANY FEDERAL LAWS PROVIDE PROTECTIONS TO THOSE WITH A CRIMINAL BACKGROUND?<\/span><\/strong><\/h3>\n

Yes.\u00a0 There are two laws that provide some protection to job seekers with a criminal background:<\/span><\/p>\n

    \n
  1. THE FAIR CREDIT REPORTING ACT<\/strong><\/span><\/li>\n<\/ol>\n

    The Fair Credit Reporting Act (FCRA) addresses the issue of accuracy in the reporting of criminal records.\u00a0 \u00a0Criminal background checks may include errors, such as incomplete information (for example, failing to report that the person was exonerated of a crime or that charges were dropped), misclassification of crimes, information on convictions that have been expunged, multiple listings of the same offense, and even records that belong to someone else entirely<\/span><\/p>\n

    The Fair Credit Reporting Act imposes obligations on employers who request criminal background checks and on the firms that provide them. <\/span><\/p>\n

    Employers must:<\/span><\/p>\n

      \n
    1. Get the applicant’s written consent ahead of time.<\/span><\/li>\n
    2. Notify the applicant if the employer intends to disqualify him or her based on the contents of the report. The employer must also give the applicant a copy of the report.<\/span><\/li>\n
    3. Inform the applicant after the employer makes a final decision not to hire him or her based on the information in the report.<\/span><\/li>\n<\/ol>\n

      Businesses that run background checks for employers also have obligations under the FCRA. They must take reasonable steps to make sure that the information they provide is accurate and up to date. <\/span><\/p>\n

      If you, as an applicant, feel that the contents of the report are wrong,\u00a0 the agency must conduct a reasonable investigation. If the investigation reveals that the report was incorrect, the agency must inform the applicant and any other person or company to whom it has provided the report.<\/span><\/p>\n

      NOTE:\u00a0 It is important that before you apply for a job, you have already looked at your criminal record to determine if what you find is correct.\u00a0 You should also expunge any eligible records before applying for a job.<\/strong><\/span><\/p>\n

      2.\u00a0 TITLE VII OF THE CIVIL RIGHTS ACT OF 1964<\/strong><\/span><\/p>\n

      Title VII of the Civil Rights Act of 1964 protects applicants and employees from discrimination on the basis of sex (including pregnancy, sexual orientation, or gender identity), race, color, national origin, and religion in every aspect of<\/span> employment – including screening practices and hiring practices.\u00a0 This directly relates to arrest and incarceration as rates are much higher for people of color and an employer who adopts a blanket policy of excluding all applicants with a criminal record might be guilty of race discrimination.\u00a0It generally applies to employers with 15 or more\u00a0employees<\/b>, including federal, state, and local governments.<\/span><\/p>\n

      The Equal Employment Opportunity Commission (EEOC) has created a guide that explains how employers can screen out applicants whose criminal records pose an unreasonable risk without engaging in discrimination.<\/span><\/p>\n

      In deciding whether a particular offense should be disqualifying, employers must consider:<\/span><\/p>\n