The employment rate has been going down in some countries due to the Felon Employment, and even people with good educational background find it challenging to find a stable job. While it is true that with today’s technology, more fields have opened, there are still some people that can be at a disadvantage, regardless of the field they’re trying to get into – people like felons.
Defining Felon and Felony
Felony is a crime that usually involves violence; hence, a felon is the person that has committed a felony. When a felon has gone through trial and been found guilty, he, then, is called a convicted felon.
Felon employment can be difficult. With all the standards companies have, having a record lowers the chances of felons to be properly employed. However, there are laws that exist to ensure fair treatment between the felon and the employer. In Wisconsin, such laws exist.
Wisconsin Laws on Applicants with Criminal History
Employers can choose to reject an applicant with a criminal record’s application if the following are applicable:
- There’s an arrest charge that’s related to the position awaiting the applicant.
- The applicant was convicted with something that is significantly related to the position.
- The position being applied for is in certain departments such as law implementation or security.
- The position the applicant is applying for necessitates bonding, and the applicant’s record would rule that out.
What can employers do should they find out that the applicant has an arrest associated with the job awaiting him?
- They may postpone the decision until the case is cleared.
- They may counsel the applicant to come back and apply again when the charges are resolved or dropped.
- They may turn down the applicant.
Federal Protection
Aside from Wisconsin laws, there are also federal laws that can protect felons from improper disqualification from a job application.
Protection Against Discrimination: Title VII
In this act, discrimination of any form is prohibited. For instance, people of color are commonly associated with criminal offenses. Therefore, screening out applicants by their record can extend to racial discrimination. In this case, the employers may take into consideration the following to know if the applicant should be turned down:
- the nature of the crime or the offense
- the nature of the job
- the time that passed since the sentence or the offense
Accuracy of Criminal Records: The Fair Credit Reporting Act
This one is merely to ensure that the criminal records are accurate. Employers should ensure the following when getting a criminal background of an applicant:
- consent of the applicant beforehand
- notice to the applicant should the employer intends to disqualify him
- second notice to the applicant the moment they make the decision to not hire him
Convictions do not necessarily guarantee disqualification from the job application. They can and will only affect the application if the offense committed is either grave or related to the position being applied to. Moreover, the employer should also give the felon a chance to share his side of the story before making a final decision.