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Employment discrimination against persons with criminal records in the United States has been illegal since enactment of the Civil Rights Act of 1964. [citation needed] Employers retain the right to lawfully consider an applicant's or employee's criminal conviction(s) for employment purposes e.g., hiring, retention, promotion, benefits, and delegated duties.
A background check is a process used by an organisation or person to verify that an individual is who they claim to be, and check their past record to confirm education, employment history, and other activities, and for a criminal record. The frequency, purpose, and legitimacy of background checks vary among countries, industries, and individuals.
Employers might be unwilling to hire those with criminal records for many reasons – such as the risk of legal liability if a previous offender harms a customer or coworker, the risk of financial liability if the offender engages in theft, fears of personal violence, and the negative signals that a period of incarceration sends about their ...
The campaign began in Hawaii in the late 1990s and has gained strength in other U.S. states following the Great Recession.Its advocates say it is necessary because a growing number of Americans have criminal records because of tougher sentencing laws, particularly for drug crimes, [1] and are having difficulty finding work because of high unemployment and a rise in background checks that ...
Laws restricting employment discrimination for persons who have been convicted of criminal offenses vary significantly by state. [137] The U.S. Equal Employment Opportunity Commission has issued guidelines for employers intended to prevent criminal record discrimination from being used as a proxy to effect unlawful racial discrimination. [138]
Mandated by the Brady Bill, the National Instant Criminal Background Check System (NICS) is used by the FBI to screen potential firearms buyers. Citizens who are currently ineligible to own a firearm under current laws may have the opportunity to have their firearms rights restored. Eligibility largely depends on state laws.
The FBI Name Check is a background check procedure performed by the Federal Bureau of Investigation for federal agencies, components within the legislative, judicial, and executive branches of the federal government; foreign police and intelligence agencies; and state and local law enforcement agencies within the criminal justice system.
Employers may be prohibited from asking applicants about characteristics that are not relevant to the job, such as their political view or sexual orientation. [2] [3] For white collar jobs, particularly those requiring communication skills, the employer will typically require applicants to accompany the form with a cover letter and a résumé. [4]
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