Employment Law

Q: I was convicted for participation in the burglary of a liquor store when I was 18 years old. Can this be held against me when I apply for a job?

A: Whether your conviction record can be considered when you apply for a job depends on several factors. The U.S. Equal Employment Opportunity Commission (EEOC) recently approved a new Enforcement Guidance regarding employers’ consideration of arrest and conviction records in making employment decisions.

The EEOC Guidance makes clear that under Title VII of the Civil Rights Act of 1964 employers cannot refuse to hire someone solely on the basis that the applicant has been arrested or convicted of a crime.

The Guidance recommends that employers evaluate the position to be filled and determine what types of specific criminal convictions may disqualify an applicant. When evaluating a candidate with a criminal history, the employer should consider: (1) the nature and severity of the offense; (2) when the offense occurred; (3) how the applicant has behaved since the conviction; and (4) the candidate’s references. The EEOC’s Guidance advises the employer to notify an applicant that the offer of employment is being held up because of a prior conviction. The employer should then provide an opportunity for the individual to demonstrate that his or her particular circumstances justify a job offer. So, the question of whether a prospective employer can consider your conviction in deciding whether to offer you employment depends on the factors identified by the EEOC, including whether there is a link between the conviction and the job for which you apply.