Refusal to Hire a Candidate with a Criminal Record
The EEOC states that a refusal to hire an applicant on the basis of them having a conviction record is not permitted. One must consider the nature and gravity of the offense, the time that has passed since the conviction or completion of the sentence and the nature of the job that the candidate is being considered for. Under the law, decisions to refuse to hire an applicant must be determined on a job related, case by case review and not on a company’s blanket policy.
It is important to keep in mind that employers should not use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin or another protected characteristic or class. The same standards must be applied to everyone. For more information on this subject go to: http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm
