DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL
RECORD
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Submission No. 23 - Ken Kelly, Workability Employment Strategies
DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF CRIMINAL RECORD
An Aboriginal Perspective
These comments are the opinions of Ken Kelly and do not represent the organisation Workability Employment Strategies
What practical difficulties face Aboriginal people with criminal records who are seeking employment?
Aboriginal people historically have faced extreme difficulty in job placement and securing employment based on previous beliefs and racists views by employers of the past. There is still apprehension amongst small businesses and companies to employ Aboriginal people due to the negative image portrayed of Aboriginal people by the media, certain politicians, and closet hatred groups and through a lack of education and cultural awareness training for the general public.
If an Aboriginal person has a criminal record then his/her possibility of employment is far less likely than that of a non-Aboriginal person with a conviction.
Factors which affect Aboriginal people with criminal records attaining employment;
- The public perception that the majority of Aboriginal people are offenders and commit crimes regularly based on statistical data showing the comparison of Aboriginal and Non-Aboriginal Offenders incarceration rates and the over-representation of Aboriginal people within the Justice System.
- If a shop owner has been robbed by an Aboriginal person once and a non-Aboriginal person has robbed the same store more than once, then the shop owner will categorize all Aboriginal people as thief's but will be cautious of the non-Aboriginal as an individual. If an Aboriginal person applies for a job at that shop, there is no possibility of receiving employment. The ripple effect is the shop-owners feedback to other shop-owners thereby continuing the cycle of discrimination.
- If an Aboriginal person has a criminal record and has been knocked back from employment on a regular basis, due to the criminal record, then the psyche of that Aboriginal person begins to reflect a person without potential, hope or future then in frustration returns to crime due to a lack of self belief, trust in society and boredom and renders them less employable by further criminal activity.
Do you know of any employers with a successful track record of employing Aboriginal people with criminal records?
NO. But there would be a few employers willing to give people with a criminal record an opportunity.
What strategies might assist in reducing discrimination in employment on the basis of criminal record?
State governments would need to review their legislation and policies on the validity of what is to be recorded on a police clearance regarding what is reportable and what isn't.
Education of the Australian public relating to when has a person paid their dues to society and should not be held accountable for crimes committed in the past. Australian people need to realize that criminals are being sent to jail as their punishment, when they are released or have completed their sentence they should no longer be punished unless further crimes are committed.
Do you have any examples where criminal record checks are conducted unreasonably?
No.
Is sufficient guidance available to employers to assist them in determining the inherent requirements of a job and in making decisions about particular employees?
Yes, if the job seeker is open and honest about the criminal record and is willing to answer any questions from the employer, the employer will seek guidance or clarification before making a decision.
Do you have any examples of possible discrimination on the basis of criminal record?
No.