EEOC Enforcement Guidance #915.002 makes clear that the commission recommends against asking applications about criminal convictions on job applications. “If you are an employer, this is required reading for your hiring officers,” said Pamela Devata, an attorney with the Seyfarth Shaw law firm who specializes in issues.
The takeaway: If job applications—or hiring managers—ask about applicants’ criminal conviction histories, employers better be able to prove they have a good business reason for seeking the information.
The guidance also makes clear that the EEOC never considers it appropriate to ask applicants if they have ever been arrested. It says knowing about arrest...(register to read more)