Most employers are looking to hire candidates who have a clean background history. Many employers conduct reference and background checks from previous work places to make sure the person they're planning to hire is the right fit for the business organization.
But if a candidate has a criminal history, is it legal to pry that lid open and deny the candidate the chance at employment because of it? Business News details that the answer depends on where the interview takes place because the laws in each state vary. Other factors that also should be considered are: depends on when it was asked, who asked, who is being asked and what will be done with the information.
Elan Parra, the Managing Director of NYC's investigative firm, Lemire, says that there are a lot of technicalities involved.
The U.S. Equal Employment Opportunity Commission (EEOC)states that employers can ask job applicants about their criminal background but that doesn't mean you get a free pass to turn down the applicant. In addition, the EEOC also specified that employers can't use an arrest alone to justify not hiring someone, because an arrest is not a conviction.
Carol Miaskoff, who works as an assistant legal counsel with the EEOC says that the point is how the information was used. For example, if an employer finds out about a conviction and uses it to turn away an African-American candidate but hires a white candidate with the same or very similar record, it would be considered discrimination, according to the EEOC.
"They should be focused and they should be thoughtful in terms of what kind of criminal record and for how long," Miaskoff said. "Is it really relevant to your job selection?"
To keep employers' bases covered, the Fair Credit Reporting Act restricts what employers can do when it comes to researching candidates using third-party reports - that means credit histories and criminal background checks.
First, FCRA requires that employers get the applicant's written permission to do a background check, which has to be a completely separate piece of paper from the application. If anything questionable turns up on the report, the employer must give the applicant a copy and tell him or her about FCRA protections before taking action based on the report. Finally, the employer must send the applicant notice if it decides not to hire or promote because of the report.
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