Abstract
The incarceration rate for groups including applicants who are protected against discrimination has had a significant effect on their potential for employment. The potential for adverse impact and disparate treatment claims by ex-offenders who are rejected under these policies will be discussed. We will also analyze the results of a survey of employers in Michigan regarding what information about ex-offender applicants are considered in making hiring decisions. These results have implications for other employers who should be establishing a business necessity or legitimate reason for the rejection of ex-offenders, and for courts who are reviewing those
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