New guidelines on criminal record discrimination - Equal Time, Autumn 2006
The Human Rights and Equal Opportunity Commission has developed new guidelines regarding discrimination on the basis of criminal record.
On the Record: Guidelines for the prevention of discrimination in employment on the basis of criminal record provides information and practical guidance on how to prevent criminal record discrimination in the workplace. It covers existing anti-discrimination and related laws, as well as best practice principles when recruiting or employing someone who may have a criminal record.
‘In recent years there have been a significant number of complaints to the Commission from people alleging discrimination in employment on the basis of criminal record. The complaints indicate that there is a great deal of misunderstanding on the issue,’ said Human Rights Commissioner Dr Sev Ozdowski.
As a result, in August 2004 the Commission commenced a research and consultation project: to closely examine the extent and nature of this discrimination; to clarify the rights and responsibilities of employers and employees; and to consider measures which may be taken to protect people from this form of discrimination. On the Record is a result of this research and consultation process.
‘More and more employers are asking job applicants to undergo criminal record checks. While in some cases it is crucial that appropriate selection procedures are used to screen out people with certain criminal records, some employers automatically bar from employment anyone with a criminal record, regardless of the offence or the type of job,’ Dr Ozdowski said.
‘A basic principle of anti-discrimination is to enable an employer to refuse to employ someone if their criminal record is genuinely relevant to the essential requirements of the job. However, if a person’s criminal record doesn’t impact on the inherent requirements of the job, and that person is the best candidate for the job in every other way, these laws are designed to protect a person from being denied equal opportunity because of their criminal record. I hope that these Guidelines will assist employers to apply these principles in their own workplaces.’
For more information on criminal record discrimination visit the Human Rights and Equal Opportunity Commission’s website.
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