I live in Long Island and my son lives in Florida. He can’t seem to hold on a jo

Question

I live in Long Island and my son lives in Florida. He can’t seem to hold on a job because of his criminal record. He has applied for jobs in the medical field and has no trouble getting hired. But he is let go as soon as his employer gets his criminal history. He was arrested for driving under the influence eight years ago and for domestic violence four years ago. He told the employers, up front, about his past, but as soon a background check turned up his convictions, they hired him. They tell him his record is the reason. Can he be penalized forever for something that happened many years ago? How can he get past this if no one gives him a chance? All he wants to is work and support his family.

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Explanation / Answer

Employer should not discriminate the applicants based on their criminal record as per EEOC and there are many factors to be considered while refusing job. The employer should consider the relation of the criminal record with the job, the period when the arrest and conviction happened and the rehabilitation efforts. Both the cases related to your son are non job related. Moreover the arrest and conviction happened long time back. Even Florida laws also prohibit refusing the job based on a prior conviction if it is not related to the type of job applicant needs to perform. The employer should provide a chance for the candidate to explain the circumstances of their criminal records. As your son had told about his past to the employer and they offered employment after understanding the circumstances they should not deny employment after back ground check as there is no discrepancy in the details before and after background check. In my opinion the employer should not discriminate your son while hiring based on the antidiscrimination laws and you should approach the court for the injuries your son suffered based on the job refusal. There are many companies which offer employment without discriminating and your son can get employment in any of those companies.

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