Arrest Record Discrimination Laws in Alabama

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers from discriminating based on race, color, religion, sex, or national origin. While arrest records themselves are not a protected class, the EEOC has taken the position that employers cannot adopt blanket policies excluding all applicants with arrests or using arrest history as an automatic disqualifier. Such policies can have a disparate impact on protected racial groups and therefore violate Title VII if the employer cannot demonstrate that the policy is job-related and consistent with business necessity.

The EEOC's 2012 Enforcement Guidance on arrest and conviction records states that employers must evaluate arrests on a case-by-case basis, considering the nature and gravity of the offense, the time elapsed since the arrest, and the nature of the job in question. Employers covered by Title VII (employers with 15 or more employees) are bound by this guidance. The EEOC enforces Title VII nationwide. Remedies for Title VII violations include back pay, front pay, reinstatement, and compensatory damages for emotional distress. Punitive damages may be available if the employer's conduct was intentional discrimination.

Alabama has no state statute specifically protecting employees from arrest record discrimination in private employment. The Alabama Code does not contain a counterpart to the EEOC guidance or state laws found in jurisdictions like California, Illinois, or New York that restrict how employers may use arrest records. This means Alabama employers are not statutorily prohibited from considering arrests in hiring, promotion, or termination decisions, even for unrelated arrests or very old offenses.

However, Alabama employers are still subject to federal Title VII law. When an arrest-based employment decision results in disparate impact on a protected race or is motivated by race (for example, applying stricter arrest-based screening to Black applicants than white applicants), that decision violates federal law. Alabama courts and the federal EEOC apply Title VII uniformly in Alabama.

Alabama Code § 15-27-2 governs expungement and sealing of arrest records. Once an arrest record is expunged or sealed, employers are generally prohibited from considering that arrest in employment decisions. An applicant whose arrest has been expunged or sealed can legally state that the arrest did not occur.

Alabama is an at-will employment state. This means employers can terminate employees for any reason or no reason, provided the reason does not violate federal law. An employer could theoretically use an arrest as a basis for termination even if the arrest is unrelated to the job, unless the termination is motivated by race or another federal protected characteristic. State law provides no additional protection based solely on arrest status.

Alabama employers have broad discretion to consider arrests in employment decisions due to the state's at-will employment framework and lack of state arrest record protection laws. An employer's policy of not hiring applicants with any arrest is not automatically illegal in Alabama if it does not facially target a protected race or result in severe disparate racial impact that cannot be justified by business necessity.

Job-relatedness is a critical exception. Employers may justify arrest-based screening if the position genuinely requires certain background clearances or involves specific legal restrictions (e.g., positions requiring security clearances, working with vulnerable populations, or handling large sums of money). A blanket exclusion of all applicants with arrests, however, is more difficult to justify than individualized evaluation.

Expungement and sealing provide a legal exception. Once an arrest is expunged or sealed under Alabama Code § 15-27-2, it is treated as if it never occurred. Employers cannot legally ask about sealed or expunged arrests. An applicant can lawfully answer 'no' to a question about arrest history for that arrest.

Race and disparate impact provide a federal exception. If an arrest-based policy or practice has a substantial disparate impact on applicants of a particular race and the employer cannot show the policy is job-related and justified by business necessity, it violates Title VII regardless of Alabama state law.

Union collective bargaining agreements, if any, may impose additional restrictions on how employers use arrest records, but these are rare in Alabama.

Step 1 — Document Everything. Keep records of all communications related to your employment, the job posting (if you were applying), and any statements made by the employer about arrest records. Write down the date, time, location, and people present if an employer asks about your arrest or indicates that an arrest affected a hiring or employment decision. Save emails, text messages, and any performance reviews. Note whether your arrest was sealed or expunged and when. If you have proof that an expungement was granted, preserve that court order.

Step 2 — Understand Your Internal Complaint Options. If you are currently employed, review your employee handbook to determine whether the employer has an internal complaint or grievance process. While Alabama does not require employers to have such a process, some do. File an internal complaint if one exists, and keep a copy. This creates a paper trail and may lead to prompt correction. However, do not rely solely on internal complaints; federal law enforcement will not wait for an internal process to conclude before the statute of limitations (180 days) expires.

Step 3 — File with the EEOC. Contact the EEOC Atlanta District Office (covers Alabama) at 1-800-669-4000 or visit www.eeoc.gov. You must file within 180 days of the alleged discrimination (date the employer made the adverse decision based on arrest). The charge must identify the employer, describe the discriminatory conduct (e.g., "Employer refused to hire me because I was arrested for a crime unrelated to the job"), explain the basis (race, if the policy affected your race more harshly), and provide the date. You do not need an attorney to file; the EEOC accepts charges in person, by mail, or online. Provide your name, contact information, employer name and address, nature of the violation, and dates.

Step 4 — Expect the Investigation Process. After you file, the EEOC will investigate. The process typically takes 30 to 180 days. The EEOC will contact the employer, request records, and may ask for interviews with witnesses. You will be asked to provide additional details. The EEOC will determine whether there is reasonable cause to believe discrimination occurred. If the EEOC finds reasonable cause, it will attempt to conciliate (settle) the matter between you and the employer. If conciliation fails, the EEOC may sue on your behalf or issue you a right-to-sue letter, which allows you to sue privately in federal court within 90 days.

Step 5 — Consult an Employment Attorney. Contact an employment attorney licensed in Alabama, particularly one experienced in Title VII litigation and EEOC charges. An attorney can review whether your case has merit, help you file the EEOC charge, represent you during the investigation, and pursue litigation if necessary. Many employment attorneys work on contingency (you pay only if you win). Consult an attorney before or immediately after filing with the EEOC to protect your legal rights. A specialized employment law firm or your local legal aid society can provide referrals.