There is much controversy lately how when a job applicant checks the box on his job application, asking if he was every accused or convicted of a crime, there is a possibility that the employer will discriminate against him. As a disproportionate amount of criminal convictions occur with minorities, the possible discrimination intensifies as it is the ethnic minorities who find it harder to find gainful employment.
Simply put, once the job applicant checks the “crime box” the employer has pretty much made up his mind not to consider that candidate. Whether this is true or not is a matter of debate, but there is certainly some substance to this argument. In the case of a job applicant checking the box, the background check often just serves to verify what the employer knows already.
An employer will still conduct background checks on his employment candidates, at least most will, but knowing the employer will find criminal records on its applicant can definitely offset the playing field.
Philadelphia has banned the box or has mandated that employers not put an “have you been accused or convicted of any crimes-type” question and check box in their job applicaitons. By removing the box, the City of Philadelphia believes they will deflect from job discrimination. This legislation applies to private employers.
Employers in Philadelphia will soon need to revise the criminal history questions on their employment applications based on a recent law. On April 13, 2011, City of Philadelphia Mayor Michael Nutter signed Bill No. 110111-A, which was passed by the Philadelphia City Council on March 31, 2011. The law will become effective 90 days after its enactment, or July 12, 2011. Philadelphia’s new “Fair Criminal Record Screening Standards” establishes provisions and requirements for the use of criminal history information by certain employers within the City of Philadelphia. Among other things, the new law prohibits employers from engaging in “unlawful discriminatory practices” such as including criminal history questions on employment applications and from making adverse employment decisions based on arrests that did not result in convictions.
For the full article go to the Seyfath Shaw Website. It is an article well worth reading. Here is the link. Seyfarth Shaw Attorneys, LLP.
