Given our nations arrest, conviction, and prison population demographics as compared with the general population, it is very clear that hiring policies which exclude applicants because of conviction records have the greatest impact on minority applicants. Excluding an applicant because of a previous conviction is lawful, but only if the employer can demonstrate that the prior conviction is job related and that the exclusion is consistent with business necessity. While discrimination issues stemming from criminal conviction status have not received much attention in the past, the EEOCs E-RACE (Eradicating Racism and Colorism from Employment) Initiative, now underway, is intended to bring them into focus. Pepsi is likely to be one of the first among many businesses that will face claims because of their hiring decisions involving ex-offender applicants.
(2) The time that has passed since the conviction and/or completion of the sentences; and
(3) The nature of the job held or sought.
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