A past mistake doesn’t erase your right to work
Job-searching is difficult for anyone, but it can be especially hard if you have a criminal conviction or even an arrest on your record. No one wants to be judged for one of the worst moments of their life, but if that’s one of the first things a prospective employer finds out about you, it can undermine the entire hiring process.
So, can an employer ask about your criminal record in Ohio? And what can you do in response? Here’s what you need to know.
In Ohio, employers generally can ask, though there are limits for public employers
Ohio has passed no laws prohibiting private employers from asking about job applicants’ criminal records. So, for most private-sector jobs, it’s perfectly legal to include an application question or checkbox regarding your criminal record.
Ohio does have a “ban the box” law for private employers, including state agencies, as well as county, township, municipal, and other local government employers. Those employers are not allowed to ask about your criminal record as part of the initial application. However, they can still ask about it later in the process.
How an employer uses your criminal record may violate other legal requirements
While Ohio employers are generally allowed to ask about criminal history and factor it into their hiring decisions, certain policies could run afoul of other laws. For example, a blanket policy of refusing to hire anyone with a criminal record, or anyone convicted of certain crimes, might have a disparate impact on people of certain racial groups with higher conviction rates. This type of policy may be held to violate federal and state anti-discrimination laws.
An employer is much less likely to get into trouble if there is a reasonable relationship between the specific crime and the responsibilities of the job. For example, a policy prohibiting people convicted of financial crimes from jobs that involve handling money is much more likely to pass legal muster than a policy prohibiting anyone with a criminal record from working in any job.
In addition, sometimes criminal history is used as a pretext for other forms of discrimination. If an employer refuses to hire you because of your criminal record, but then hires someone of a different race or religion who has the same criminal record, you may be a victim of illegal discrimination.
What to do if you’re applying for jobs with a criminal record
- Don’t lie about your criminal history. It’s understandable to want to sweep your criminal record under the rug. But lying on a job application can have serious consequences, either during the hiring process or after you are hired.
- Consider applying to public employers. Because of Ohio’s “ban the box” law, you can at least apply to a job with a public employer before disclosing your criminal history. You may still have to talk about it sooner or later, but at least you’ll be in a position to explain instead of just checking a box on a form.
- Use your network. It’s a lot easier to overcome your criminal history if you apply to a job where an existing employee can vouch for you.
- Get your criminal record sealed or expunged, if possible. If your arrest or conviction has been sealed or expunged, you can legally proceed as if it never happened, even if asked.
- Keep applying. As with any job search, it pays to be persistent. Don’t give up in the face of setbacks; you’ll find the right opportunity sooner or later.
Talk to an experienced employment law attorney today
Having a criminal record can make getting and keeping a job much more difficult, but it’s important to know you still have rights under state and federal law. An experienced employment law attorney can protect them.
If you believe you have been discriminated against or your legal rights as an employee have been violated, schedule your free case evaluation with Gibson Law, LLC today.
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