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April 21 2015

When, If Ever, Does Employment Discrimination Against Ex-Offenders Violate Title VII?

Title VII of the 1964 Civil Rights Act prohibits public and private employers from discriminating against job seekers on the base of race, ethnicity, religion or gender, unless the employer can demonstrate a business necessity. These discriminations are widely condemned as immoral and irrational. By contrast, criminal record-based-employment-discrimination (CBED) is not generally considered immoral or irrational and is not mentioned in Title VII. (Likewise, in Europe, where an individual's criminal history is regarded as entitled to privacy protection, employment discrimination against ex-offenders is not unlawful.)