Employment Workplace Discrimination For Criminal Record In Washington

State:
Multi-State
Control #:
US-000296
Format:
Word; 
Rich Text
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Description

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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FAQ

If there are any discrepancies between what the employment background check shows and what your application or resume state, you'll likely get a call from HR to find out why. Lying on an application is grounds for rescinding an offer or termination of employment if you're already working.

A: In California, employers are generally prohibited from asking about or considering arrests that did not lead to convictions when making hiring decisions. This protection is provided under the California Fair Chance Act (AB 1008), which is part of the California Fair Employment and Housing Act (FEHA).

It is up to you, but we recommend honesty. On the application, write ”will discuss in interview” rather than a lengthy explanation of past convictions. In an interview, keep explanations brief, and stress what you have learned from your conviction and time in prison, how you have changed, and your skills or assets.

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).

If you have a criminal record, the best thing to do is to be honest and upfront about it. Many employers are willing to give applicants with criminal records a chance, but it is always best to be honest about your past. If you lie on your application and the employer finds out, it will likely lead to your dismissal.

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.

It is not always required to mention a criminal record on your resume. Some jurisdictions actively recommend that you do not. Whether you decide to or not may depend on the nature of the offense. It may well be worth including a separate page which includes details of your rehabilitation and your future career hopes.

More info

(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.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. To find out whether your offense will or may disqualify you from a certain type of job, you can check the Council of State Governments Map. Employers have a right to see an individual's criminal record before hiring them. However, that right has several key limitations. Under this law, public employers and private employers are prohibited from asking questions about criminal convictions on their applications. When the employer asks about criminal history: Some states or cities have policies regarding when an employer can ask about criminal records. Employers may not inquire about an applicant's criminal history until after they extend a conditional offer of employment.

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Employment Workplace Discrimination For Criminal Record In Washington