Race Discrimination and Criminal Records . Sharon M. Dietrich Managing Attorney Community Legal Services, Inc., Philadelphia, PA EEOC/FEPA Conference June 10, 2010. Growth of CLS’s criminal record and employment intake. Factual Background on Criminal Records.
Sharon M. Dietrich
Community Legal Services, Inc., Philadelphia, PA
June 10, 2010
As of 12/09, about 100 million Americans had criminal records, according to USDOJ.
Minorities much more likely than Whites to have criminal record. For instance, African Americans incarcerated in prison at 4.5 times the rate of Whites.
Hartney and Vuong, Created Equal: Racial and Ethnic Disparities in the US Criminal Justice System
Megan Kurlychek et al., “Scarlet Letters and Recidivism: Does an Old Criminal Record Predict Future Offending?” Criminology and Public Policy
“It is the [EEOC’s] position that an employer's policy or practice of excluding individuals from employment on the basis of their conviction records has an adverse impact on Blacks and Hispanics in light of statistics showing that they are convicted at a rate disproportionately greater than their representation in the population.”
EEOC Policy Statement on the Use of Statistics in Charges Involving the Exclusion of Individuals with Conviction Records from Employment (7/29/87)
“The Respondent must show that it considered these three factors to determine whether its decision was justified by business necessity:
EEOC Policy Statement on the Issue of Conviction Records under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e etseq. (1982). (2/4/87)
Policy Guidance on the Consideration of Arrest Records in Employment Decisions under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. (1982)