Potential employers who inquire about an applicant’s
criminal record, and base their hiring decision
on the response, may be violating Title VII of the
Civil Rights Act of 1964. The Equal Employment Opportunity
Commission has stated that without a specifically-articulated
business necessity, inquiry into arrests that did
not end in a conviction is considered discrimination.
It also depends upon the employee’s state law,
as to whether and to what extent the employer may
consider the criminal record of an applicant in making
hiring decisions. Some states prohibit employers from
asking about arrests, convictions that occurred well
in the past, juvenile crimes, or sealed records. Some
states allow employers to consider convictions only
if the crimes are relevant to the job. And some states
allow employers to consider criminal history only
for certain positions; for example, nurses, child-care
workers, private detectives, and other jobs requiring
licenses.
The employer's right to inquire about an applicant's
conviction record is often subject to state law. If
there is sufficient proof to establish successful
rehabilitation, then the applicant might not be disqualified.
However, the EEOC does not support the employee, if
he/she gave falsified answers to questions regarding
his/her conviction record.
