Having A Criminal Record Should Not Result In Discrimination During The Hiring Process

It is not legal (with some exceptions) for employers to refuse to hire all applicants with criminal records. Neither is it legal (with some exceptions) to inquire about criminal convictions during an initial job interview. Unfortunately, many employers do discriminate during hiring decisions, based on a prospective applicant's criminal record.

The employment law firm of The Employee Rights Group, LLC, of Boston, accepts criminal record discrimination cases in which a job applicant is victimized this way. We also work with employers who need skilled defense against these charges. Our aggressive advocacy and superior representation has created successful resolutions in many of these cases.

While we recognize that most law firms represent one side in employment law concerns, we feel that our abilities are enhanced when we understand the opposition's point of view. This enables our lawyers to achieve their clients' goals in a more efficient manner and to offer them exceptional service.

A Criminal Record Should Not Matter In Most Situations

The Equal Employment Opportunity Commission (EEOC) directs employers to consider applicants on an individual basis. Where a candidate has had a brush with the law, employers are to consider the candidate's age at the time of the offense, the severity of the offense, previous job success, and whether the offense has any bearing on the prospective applicant's ability to do the job at hand.

Applicants who feel they were discriminated against in employment on a blanket basis because of information in their criminal offender record information (CORI) are entitled to sue for fair treatment or compensation. This prohibition applies to both the job application stage and at any point during their employment.

Massachusetts law forbids employers from discriminating against applicants on the basis of misdemeanor offenses that are more than five years old.

An employee with a sealed criminal record does not have to give evidence about any sealed or expunged offense.

Any of these issues can result in a lawsuit that needs to be handled with the utmost discretion and concern. Our attorneys can be trusted to represent employees and employers alike while managing any potential damage to one's reputation.

To discuss a case of employment discrimination on the basis of criminal convictions, call the attorneys at The Employee Rights Group, LLC at 774-847-7390. Or send us your questions using this email form.

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