• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Is our policy on criminal records legal?

by on
in Hiring,Human Resources,Leaders & Managers,Management Training

Q. We currently have a policy against the hiring of anyone with a felony conviction. Can you shed some light on whether this policy is legal?

A. It’s probably not legal to have a blanket policy that bars the employment of any applicant because of an arrest or conviction.

Although Title VII does not prohibit discrimination on the basis of conviction records, the EEOC and courts have concluded that excluding individuals from employment on the basis of their conviction records may have an adverse impact on certain minority groups in light of statistics showing that they are convicted at a rate disproportionate to their representation in the population.

Just because a company cannot disqualify individuals because of criminal histories doesn’t mean that they can never be used a factor. If an employer collects arrest or conviction information, it must do so consistently. Employers should assure applicants and employees that honestly providing criminal histories will not result in an automatic disqualification from consideration.

If a policy concerning arrest or conviction records disproportionately affects minorities, an employer may nevertheless maintain the policy if it can prove a business need for it based on an employee-by-employee analysis of the relationship between the conviction and the ability to perform the job.


Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11920/is-our-policy-on-criminal-records-legal "

Leave a Comment