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                                                 Legal Discrimination?                                   

              Is it illegal for employers to discriminate? The answer is often..."yes"!

 There are two Federal Laws that directly address the issue of discrimination against people with past criminal history

 or current alcohol or drug problems.  First, the Federal Rehabilitation Act of 1973, and the Americans with

 Disabilities Act of 1990.  These laws cover all areas of employee discrimination, including the hiring and firing

 of employees and terms and conditions of employment.

 The Federal Rehabilitation Act, prohibits discrimination against persons with a past or current disability

  who otherwise qualified to perform the job they seek. This law rules out that person in recovery

 from alcohol or drug dependency, including those in treatment.  In 1990, the ACT was amended to

 exclude individuals who "currently engage in the "Illegal use of drugs" from protection.  But, an addict

 in recovery (including treatment Programs) who are no longer illegally using drugs, are protected.  The

 A.C.T. Law protection covers individuals with current as well as past drug additions.

 The Americans with Disabilities Act, (ADA) prohibits employers from discriminating against a

 qualified individual with a disability. This law requires that the employers make reasonable accommodations

 for physical or mental disabilities on the job.

 Currently, there are no federal statute that specifically protects jobs for ex-inmates.  However, a policy of denying

 people jobs solely based on arrests not followed by convictions, is unlawful Employers that have policies

 that exclude jobs for ex-inmates have been ruled illegal as applied to racial minorities under title

 VII of the Civil Rights Act of 1964. 

 Since minorities are arrested and convicted at a greater rate than their percentage of the population, some courts

 have ruled that a refusal to hire on the basis of a criminal record may be illegal-race discrimination under federal law.

 If you have a legal question about discrimination due to drugs and alcohol or HIV, call the Legal Action

 Center at (212) 243-1313, Monday-Friday between 1:00-5:00 p.m. and ask for "attorney on call". 

 Or you can visit the National H.I.R.E. Network's website. This site will direct you to the recourses assistance

 in your state.

                          To be better prepared to get a job, Order your Jobs Action pack ...Today!

                                                                                E-Mail Address" info@jobsforex-inmates.com