Guidelines on Use of Arrest and Conviction Records
Here’s a short test.
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Can you ask an applicant if he or she has been
arrested?
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If you find arrest records, can they be used to
routinely exclude persons from employment?
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How about if the person was convicted of a felony?
Can you base an employment decision on an applicants’ conviction
record?
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The answers to questions one and two are no and no.
This might surprise you, but the answer to question three is also
no, other than in cases of business necessity.
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There is a wealth of case law dealing with these
questions. Employers who thought the answers to the above questions
were yes, ended up on the losing side.
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Before you use arrest or conviction records to make
an adverse hiring decision, you would be well advised to review
EEOC
Policy Guidance on the Consideration of Arrest Records in Employment
Decisions Under Title VII.
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