Can an employer refuse to hire applicants because of their criminal history?

Can an employer refuse to hire applicants because of their criminal history?

In addition to state prohibitions, federal law prohibits employers from discriminating against applicants when using criminal history information.

Can a company refuse to hire a felon?

For example, an employer generally cannot state that all felons are banned from working for the company. Instead, the employer is required to show that business necessity required the employer not to hire the applicant. This assessment is based on the reasonable relation of the employer’s decision and the criminal conduct involved.

Can a employer use an arrest to make a hiring decision?

In most situations, employers cannot use arrest records when making hiring decisions as an arrest is not indicative of the commission of a crime. An arrest is not definitive proof that a person actually engaged in criminal conduct.

What makes you ineligible for a police background check?

One other common disqualifier, that is worth mentioning, is having tattoos that depict offensive language or symbols. Tattoos, in general, are accepted by most agencies nowadays, especially when they are not on a visible part of the body, such as the face.

In addition to state prohibitions, federal law prohibits employers from discriminating against applicants when using criminal history information.

For example, an employer generally cannot state that all felons are banned from working for the company. Instead, the employer is required to show that business necessity required the employer not to hire the applicant. This assessment is based on the reasonable relation of the employer’s decision and the criminal conduct involved.

In most situations, employers cannot use arrest records when making hiring decisions as an arrest is not indicative of the commission of a crime. An arrest is not definitive proof that a person actually engaged in criminal conduct.

What is the purpose of the EEO enforcement guidance?

SUBJECT: Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities PURPOSE: This document provides guidance regarding unlawful disparate treatment under the federal EEO laws of workers with caregiving responsibilities .