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Science 2012-06-22

Job Search Difficult for Ex-Offenders

It's generally against the law for employers to discriminate against job applicants on the basis of race and national origin, but these same employers routinely refuse to even consider hiring someone with a criminal record.

BALTIMORE, MD, June 22, 2012

It's generally against the law for most employers to discriminate against job applicants on the basis of race and national origin, among other characteristics. But these same employers routinely refuse to even consider hiring someone with a criminal record. The applicant with a record goes to the bottom of the pile - or doesn't get into the pile at all.

And it often doesn't matter the type of conviction. Employers don't necessarily evaluate the difference between being convicted for a traffic offense like DUI versus a violent crime like first-degree murder. In other words, a record is a record.

Plenty of job-seekers have criminal records. And plenty of job-seekers with criminal records also happen to be a member of a minority group. Thus, there's been a disparate impact on these job-seekers based on race and national origin. In other words, the exclusion of a large group of people from the job market based solely on a criminal record means that racial minorities are getting hurt the most when it comes to making a living.

And the trend has only gotten worse as electronic recordkeeping improves, granting potential employers relatively easy access to a job applicant's past.

People Need Jobs, With or Without a Criminal History

Those who have been convicted and served time for offenses often have few resources to which they can turn for support. But resources are crucial to successfully re-entering the community.

It should go without saying, but the lack of a living wage is a sure way to get back into trouble. People need to eat. They need to support their families. They need to find meaningful work.

Here's the paradox: even though you've served your time, you're still getting punished, because you can't find a job due to a criminal record. And when you can't find a job, you're more likely to get involved in what got you into trouble in the first place.

New Federal Guidelines for Employers

The U.S. Equal Employment Opportunity Commission (EEOC) has long been aware of the problem.

One of the EEOC's responsibilities is to provide guidelines that help employers comply with federal laws against discrimination in hiring. Though it will remain to be seen, the EEOC's guidelines could help reverse the trend. These guidelines state that the policy of excluding applicants from a job position solely based on a criminal record violates federal law, unless employers show that the policy is job-related and consistent with a business necessity. Moreover, an arrest is not a conviction, and employers cannot deny employment based on an arrest record.

Perhaps most importantly, employers should consider the nature of the offenses represented on a criminal record - not simply exclude the applicant by default. Just because you've got a record doesn't mean you won't make a great employee.

The Baltimore drug lawyers at The Law Offices of James E. Crawford, Jr. & Associates, LLC defend clients against all types of crimes, from misdemeanors like shoplifting, to felonies like drug distribution and sex offenses. Their firm also represents clients in Baltimore, MD divorce law and personal injury cases. People in Maryland have relied on the Law Offices of James E. Crawford, Jr. & Associates, LLC since 1992. To contact James Crawford, Esq. or a member of his legal team, call 866-635-0623, or visit http://www.crawforddefenseattorney.com/ for more information about his criminal law practice.

Current Web properties by The Law Offices of James E. Crawford, Jr. & Associates, LLC to help you with your specific legal issue:

Criminal Defense: http://www.crawforddefenseattorney.com
Criminal Defense Blog: http://www.baltimorecriminallawblog.com
Family Law: http://www.crawforddomesticmd.com
Personal Injury: http://www.mymarylandinjurylawyer.com

Former Web sites by The Law Offices of James E. Crawford, Jr. & Associates, LLC:

http://www.jamescrawfordlaw.com
http://defense-lawyer-baltimore-maryland-criminal-law-attorney-md.com/

Locations:
The Law Offices of James E. Crawford, Jr. & Associates, LLC
1435 Sulphur Spring Road
Baltimore, MD 21227
Phone: 443-701-4525

The Law Offices of James E. Crawford, Jr. & Associates, LLC
802 Ingleside Ave
Catonsville, MD 21228
Phone: 443-701-4525