Job Search Site Will Not Post Jobs from Employers that Discriminate against People with Criminal Backgrounds

Written By ESR News Blog Editor Thomas Ahearn

On October 4, 2017, job search website Glassdoor announced that it has “doubled down on its commitment to giving those with a criminal record a fair chance” by updating its Terms of Use to prevent employers from posting jobs that violate Title VII of the Civil Rights Act or the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on the use of criminal records of applicants by employers in employment decisions.

A blog posted by Amy Elisa Jackson entitled “Hiring Those With Criminal Records: Glassdoor, Lawyers’ Committee & More Take a Stand,” stated that “Glassdoor will no longer post jobs by employers who attempt to discriminate against people with criminal backgrounds.” The Lawyers’ Committee for Civil Rights Under Law worked with Glassdoor on the policy which is applicable to employers who advertise job postings on the website.

“To address the impact of mass incarceration, we must ensure that people leaving jails and prisons are provided access to employment opportunities,” Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, stated in the blog. “Without access to employment, people with criminal records are placed on a path to failure and unable to take the steps necessary to successfully reintegrate into their communities

The Lawyers’ Committee for Civil Rights Under Law estimates that roughly 100 million Americans have some form of criminal record. Nearly 200 employees have signed onto the Fair Chance Pledge on Glassdoor to demonstrate their commitment to maintaining hiring and training programs for individuals with criminal records. Employers that have taken the pledge include Starbucks, the AIDS Healthcare Foundation, and N2 Publishing.

“Glassdoor believes everyone should be afforded access to employment and career advancement opportunities. We encourage employers to provide important career pathways for all segments of our population,”  Glassdoor Vice President of Corporate Communications Samantha Zupan stated in the blog that is available online at www.glassdoor.com/blog/hiring-those-with-criminal-records/.

As reported earlier by ESR News, a study released by the National Employment Law Project (NELP) in 2011 entitled “65 Million Need Not Apply” estimated that approximately 64.6 million ex-offenders in the United States – more than one in four American adults – with a criminal record. NELP, a nonprofit organization supporting low-wage workers and the unemployed, has since revised that number up to 70 million people.

Currently, 29 states and more than 150 cities and counties have “Ban the Box” laws that remove the criminal history question from applications that applicants are asked to check if they have criminal records and delay such questions until later on in the hiring process so ex-offenders are given a chance to show their knowledge, skills, and abilities to perform the job in question, according to NELP.

To help employers comply with EEOC Guidance on criminal records and Ban the Box laws, the Lawyers’ Committee for Civil Rights Under Law joined the National H.I.R.E. Network and the National Workrights Institute to develop “Best Practice Standards: The Proper Use of Criminal Records in Hiring” in conjunction with two background screening firms, including Employment Screening Resources® (ESR).

ESR founder and CEO Attorney Rosen  – author of “The Safe Hiring Manual” – acted as a consultant in the development of a report that outlines best practices for employers to use to comply with Title VII and anti-discrimination laws. The complete report is available at https://lawyerscommittee.org/publication/best-practice-standards-the-proper-use-of-criminal-records-in-hiring/.

ESR Whitepaper for Job Seekers with Criminal Records

Employment Screening Resources® (ESR) – a global background check firm – has released a complimentary whitepaper written by ESR founder and CEO Attorney Lester Rosen entitled “Ten Critical Steps for Ex-Offenders to Get Back into the Workforce” to help job applicants with criminal records. The whitepaper is at www.esrcheck.com/Whitepapers/Ten-Steps-for-Ex-Offenders-to-Get-Back-in-Workforce/.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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