NCJ Number
208524
Date Published
December 2004
Length
59 pages
Annotation
This report explores discrimination in employment on the basis of criminal record in Australia.
Abstract
Australians who have a criminal record face many barriers when attempting to reintegrate into their communities. One of the most significant problems ex-offenders face is finding employment. It is only appropriate to exclude an individual with a criminal record from employment if the inherent requirements of the job would disqualify someone with a criminal record from meeting the requirements. The Human Rights and Equal Opportunity Commission (the Commission) has received a significant number of complaints that allege discrimination in employment based on criminal record. The current report reviews the law pertaining to discrimination on the basis of criminal record and explores the primary difficulties faced by employers and job seekers when an individual with a criminal record seeks employment. The Commission’s research involved an examination of the complaints submitted to the Commission; a literature review; a review of State and Commonwealth legislation and policy; a review of public comments regarding this issue; and interviews with employer groups, unions, prisoner action groups, academics, and other organizations that work with individuals who have criminal records. The report is helpful in outlining the policies and relevant laws and in providing case examples for clarification. The guiding principle related to employment is that each applicant must be considered on their own merits rather than as a member of a group of “former offenders.” The findings of the Commission underscore the complexity and confusion regarding this type of employment discrimination. Further research is merited, particularly research focused on procedural fairness in employment decisionmaking. Attachments, table