New York University Public Law and Legal Theory Working Papers

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In Oxford Handbooks Online, New York: Oxford University Press, forthcoming


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.

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Europe, employment discrimination, criminal record, criminal background check, personal data protection, sex offenses.