Monday, October 19, 2015
James Jacobs and Elena Larrauri (New York University School of Law and Universitat Pompeu Fabra - Department of Law) have posted European Criminal Records & Ex-Offender Employment (Oxford Handbooks Online, New York: Oxford University Press, Forthcoming) on SSRN. Here is the abstract:
This article examines European policies regarding criminal-record-based-employment discrimination, with particular emphasis on the case of Spain. It first provides an overview of the definition of “criminal record” before discussing the confidentiality of information regarding criminal conviction. It then considers employment discrimination in Europe based on criminal record, including private employer discrimination in Spain, Sweden, and the Netherlands. It also highlights the importance of the European Union’s data protection laws on reinforcing the confidentiality of criminal record information and the exception that has been made for sex offenses. Finally, it analyzes the influence of the European Union, Council of Europe, and the European Court of Human Rights on employment.