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Can an employer discriminate against you due to your DUI?

On Behalf of | Jan 8, 2019 | criminal defense |

Keep in mind that if you have a conviction for DUI, a job hunt could become more difficult for you. That DUI mark will show up on your record for all to see, including the recruiter you are planning to meet.

Would a recruiter be guilty of discrimination if you do not get the job you want? It is a possibility.

The EEOC view

The Equal Employment Opportunity Commission provides some rules regarding employers, criminal records and discriminatory practices. In the first place, employers may obtain and use arrest and conviction records for employees or potential employees. The EEOC has no authority to prevent this. However, the job of the Commission is to ensure that any information an employer discovers is not used in a discriminatory manner.

Two paths to discrimination

In terms of discrimination, the law to keep in mind is Title VII of the Civil Rights Act of 1964, which prevents employers from treating job seekers with the same kind of criminal record differently because of protected characteristics such as race, religion or national origin. To avoid liability, an employer must also prove that any exclusion is because of a protected characteristic that is “job-related and consistent with business necessity.” To do this, the recruiter who is screening applicants must consider the nature of the crime an applicant has committed, how much time has elapsed and the nature of the position for which this person is applying. Finally, the recruiter must allow the applicant to demonstrate why exclusion should not apply to him or her.

A better outcome

What is clear is that a DUI on your record can cause complications in terms of your job search. However, remember that you have legal options to explore if arrested on suspicion of DUI. Perhaps the arrest was not handled properly or there were issues with the blood alcohol testing procedure. There are many possibilities for errors, and you want the best outcome possible for your case. The future awaits, and you may be able to face a job recruiter without having to worry about discriminatory practices or a DUI mark on your record.

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