How might a criminal record affect employment
opportunities for individuals?
Potential employment discrimination against individuals was
studied and discussed as far back as December 2004 by the Australian Human
Rights Commission. They have found that there is significant prejudice against
those who have a criminal record when they apply for jobs, which contributes to
a higher level of unemployment amongst those who possess a criminal record.
They note that when employers have the option to employ
those without a criminal record versus those with a criminal record, they will
often chose individuals without the criminal record rather than people with
one. To some extent this is basic human nature, which prejudices people against
those who may be dangerous or irresponsible. National Police Checks
facilitate this process by allowing employers to gain knowledge of potential
employees' past records.
In other industries and fields, it has less to do with
active discrimination and more to do with a requirement for hiring managers to
exclude those individuals who have a criminal record from consideration for
employment. This is due to the specific nature of those fields. For example,
organisations who work with young people or vulnerable adults or work in
hospitals and health care facilities have what many would believe are valid
reasons for not allowing people who have criminal records to apply for
employment.
In addition, one may argue that the requirement to provide
a police check to gain employment unfairly disadvantages young people
and Indigenous Australians. For young people who already possess a criminal
record, their future may look bleak, with any future prospects of employment
hindered by what they have done in their past. Their opportunity to gain
meaningful employment may be curtailed before they have even entered the job
market. For Indigenous Australians, who are disproportionally represented in
criminal figures, their chances of gaining employment are severely affected by
any criminal record they may have.
'Inherent requirements' as a solution
The Australian Human Rights Commission advises that one of
the best ways to avoid unfair discrimination on the basis of criminal history
against individuals seeking employment, is to clearly identify the 'inherent
requirements' of particular roles and assess an applicant's suitability against
these requirements, taking into account any affect their criminal history might
have on whether they can satisfy these requirements. This decision must be made
without bias against the individual.
We can all sympathise with the desire not to let our pasts
determine our futures. Even if one does not have a criminal record, often there
are aspects of each person's past that they would not like to resurface. This
is particularly true in employment situations, when individuals seek to be
judged based upon the merit of their past positive work experiences and present
proven performance, competencies, and abilities.
What is mentioned over and over again in the report is the
important role trust plays in employment decisions. Employers must be able to
trust that their employees can perform their roles without causing issues and
disturbances. By allowing employers to view police history checks, they may
lose trust in a candidate's proven abilities on the basis of past convictions.
One can only hope that by being honest and up-front in interviews, those individuals can actively seek to gain this trust back and fight against this prejudice. The police check may then actually end up being a tool to gain this trust back by allowing employees the opportunity to disclose and discuss their past.
One can only hope that by being honest and up-front in interviews, those individuals can actively seek to gain this trust back and fight against this prejudice. The police check may then actually end up being a tool to gain this trust back by allowing employees the opportunity to disclose and discuss their past.