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Employment Discrimination For Criminal Record In Washington

Category:

Civil Actions - Employment Discrimination

State:

Multi-State

Control #:

US-000296

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Plaintiff seeks to recover damages from her employer for employment discrimination and sexual harassment. Plaintiff states in her complaint that the acts of the defendant are so outrageous that punitive damages are due up to and including attorney fees.

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If a criminal background check is conducted but doesn't relate to the nature of the job, the applicant might make a legal claim for discrimination or argue that the information obtained cannot be used when making hiring decisions.

Likewise, in Washington State, an employer can inquire about an applicant's prior convictions (or imprisonments) that occurred within the last 10 years and involved crimes that reasonably relate to the job duties. WAC 162-12-140(3)(d).

Furthermore, CRAs cannot report on any criminal records of arrests, indictments, or convictions with final disposition dates that are older than seven years from the date of the report for any positions which are expected to have a salary of $20,000 or less.

Generally speaking, employers are less concerned with misdemeanors than they are with felonies. Whether or not an employer will hire someone with a misdemeanor on their record is completely up to the employer.

You have the right to dispute information that's inaccurate, outdated, or not yours. Under the law, background check companies must conduct a reasonable investigation of the information.

For example, asking only people of a certain race about their financial histories or criminal records is evidence of discrimination.

Explain your conviction. Old conviction example: “Ten years ago, I was convicted of driving while under the influence of alcohol. I served time in prison for this offense. Since my release, I have turned my life around. I would welcome the opportunity to discuss this with you in more detail at an interview.

Most states allow you to 'erase' criminal records through processes called sealing or expunging. However, each state has differing eligibility criteria, types of records that can be 'erased' and process to go about it. Depending on the state, some...

Depending on where you live, there may be ways to conceal your criminal record from background checks, such as through expungement or sealing. These processes and eligibility requirements vary by jurisdiction, so it is best to contact an expungement or sealing attorney in your state to see your eligibility.

When addressing a criminal record, be honest, take responsibility, and emphasize personal growth and rehabilitation. Acknowledge the past, express remorse, and discuss efforts to improve yourself. Emphasize your commitment to personal and professional development and highlight relevant achievements and skills.

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(2) An employer may not advertise employment openings in a way that excludes people with criminal records from applying. This webpage contains resources for job applicants and employees with an arrest or conviction record, and employers who are considering whether to hire them.Under Washington law, employers asking about arrests must also ask whether: ▷charges are still pending or have been dismissed. An arrest and conviction record can be a barrier to employment. Many employers conduct background checks or hire third-party vendors to do so on their behalf. Under this law, public employers and private employers are prohibited from asking questions about criminal convictions on their applications. If you ask applicants for criminal history information, consider waiting until later in the hiring process to do so. It is allowed per RCW 43.43. 730, and they even have a page of information on arrest records. Use of arrest and conviction information, WAC 162.12.

Employment Discrimination For Criminal Record In Washington

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