![]() There are situations where an employer can explore the person’s conduct leading to the arrest and ask them to explain the circumstances. The fact that a person was arrested is not proof that they committed a crime. An employer cannot refuse to hire people simply because they have been arrested. For example, federal law prohibits anyone convicted of certain serious crimes in the last 10 years from working as a security screener or having unescorted access to secure areas of an airport.Īrrest Records Are Treated Differently. Note that some laws prohibit employers from hiring people with certain criminal records for some jobs. The employer’s hiring decision should accurately predict who will be a responsible, reliable, and safe employee. the time that has passed since the criminal offense or completion of the sentence and.the nature and seriousness of the offense/crime.An employer can assess the relevance of a person’s criminal history and how it relates to the risks and responsibilities of the job. An employer that rejects everyone with a conviction from all employment opportunities is likely engaging in discrimination.Īn Employer That Considers Criminal Records in Hiring Decisions Should Assess Whether the Record is Relevant to the Job. For example, an employer cannot refuse to hire qualified Black men with felony convictions but hire equally-qualified or less-qualified White men with similar felony convictions.Īlso, an employment policy that rejects many more applicants of one race, national origin, or sex is discriminatory if the policy is not closely related to the job. But employers cannot treat people differently because of their race or national origin. The EEOC enforces federal laws that prohibit discrimination – including based on race and national origin – in private, state and local government, and federal sector workplaces.Įmployers can consider criminal records when they make the final decision about hiring. This webpage contains resources for job applicants and employees with an arrest or conviction record, and employers who are considering whether to hire them. ![]()
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