European employment discrimination based on criminal record II – discretionary bars
To the American eye, Europe seems unconcerned about criminal record-based employment discrimination (CBED). (The U.K. is an exception.) Is this because European employers do not discriminate against job applicants or employees with criminal convictions? If so, is that because European countries prohibit CBED, prevent employers from obtaining individual criminal history information, and/or provide potent remedies to people with convictions who are discriminated against? Or, perhaps European employers believe that CBED is immoral or irrational because past criminal convictions have no value in predicting future conduct on or off the job? Still another hypothesis is that, while Europeans believe that prior convictions are predictive of future dishonesty, dangerousness and unreliability, they also believe that CBED should be prohibited in order to further more important goals like rehabilitation and social harmony. Finally, perhaps employers in Europe do discriminate, but such discrimination has not been revealed through empirical research. While there is no body of research on European CBED comparable to the employer surveys and field studies done in the U.S., there are some generalizations that can be made.