Does Fifth Circuit ruling allow employers to discriminate against ex-felons?

A criminal record will ruin your chances of getting hired!

Or will it?

According to the Equal Employment Opportunity Commission, blanket bans on hiring employees with criminal records are not allowed as they target minority groups to a disproportionate degree. Thus, many states, counties, and cities created laws and regulations called “ban the box” laws which require the removal of criminal history questions from job applications. In addition, in multiple states, criminal convictions can only be reported within seven years from the date of disposition, release, or parole.

These laws and regulations are designed to create more equal opportunities for people with minor offenses on their record to give them a chance at a clean-slate kind of future. Assuming that the potential hire’s ability to perform job duties in a particular position would not be affected by their specific conviction, employers are not allowed to consider the conviction as a factor in their hiring. Thus, if you are an employer involved in the process of hiring, it is important that you know the laws of your state regarding criminal background checks.

The state of Texas challenged this EEOC guidance, saying some jobs would be unsuitable for certain types of ex-felons—for example, hiring a past shoplifter as a cashier. The Fifth Circuit sided with Texas.

This decision does not change much in the everyday world of most employers looking to hire. Officially, the decision only impacts the state of Texas. Employers should still evaluate candidates’ criminal records on a case-by-case basis.

While employee screening is essential when hiring new employees, it isn’t simply about making the most effective workplace. It is also largely about looking out for the safety of every person involved in the company. This is why such laws and regulations can become confusing for employers, employees, and clients.

At ClearStar we’re committed to helping you screen your business safely and securely. Contact us today to find a package that will work for you.

At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.