Q. I am considering putting a policy in place to prohibit hiring any job applicant found to have an arrest record. Are there any legal risks?
A. Absolutely. The EEOC considers the use of arrest records as a hiring factor illegal. The EEOC launched its E-RACE (Eradicating Racism And Colorism from Employment) Initiative in 2007. (See “4 discriminatory hiring practices will lure the EEOC to your door” in the January 2010 issue of Ohio Employment Law.)
The E-RACE Initiative is designed to improve the EEOC’s efforts to ensure workplaces are free of race and color discrimination. The EEOC has identified the use of arrest records as such a barrier.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- What Obama administration's second term means for employers
- Deloitte recruits grads through social media
- Beware of Restrictions on Right to Fire at Will
- Are you ready for the EEOC's enforcement crackdown?