Can An Employer Use Arrest And Criminal Records To Reject A Job Applicant?
By: LawInfo
There have been some cases where the EEOC has found the blanket use of arrest or criminal records as a basis for rejecting job applicants to be unlawful if such use results in a disporportionate effect on the rejection of African American job applicants, unless an employer can show that an employee having a clean criminal history is necessary to the operation of the employer’s business. When refusing to hire based on an applicants criminal history, an employer should be able to show that it first considered the circumstances surrounding the particular case and that the employment of such an applicant would be inconsistent with the safe and efficient operation of the business. In addition to federal discrimination laws, most states have their own laws regarding the extent to which arrest and criminal records can be used as a basis for rejecting a job applicant.
Search LawInfo's Labor & Employment Law Resources
Additional Labor & Employment Law FAQs
-
Q:
What Administrative Body May Impose Remedies For A Violation Of The Federal Family And Medical Leave Act (FMLA)?
A: The United States Secretary of Labor, through the Wage and Hour Division of the Employment Standards Administration, has administrative jurisdiction. The Department … More -
Q:
Can my employer read my email?
A: Since today’s business world almost always uses technology to some degree, employers have recently instituted policies about employee email in the … More -
Q:
What Does The Fair Labor Standards Act Govern?
A: The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards. -
Q:
What kind of lawyer do I need to sue my employer?
A: There are a variety of legal claims that you may have against your employer; the nature of your claim may determine the type of attorney that you may need in order to … More -
Q:
How Many Hours Is Full-Time Employment? How Many Hours Is Part-Time Employment?
A: This is a matter generally determined by an employer. Many people mistakenly believe that full-time employment consists of 40 hours per week. However, the … More -
Q:
Under the Workers Adjustment & Retraining Act (WARN) (a.k.a. Plant Closure Law), what must be in the notices to the Dislocated Worker?
A: All notices submitted to the State Dislocated Worker Unit and the chief official of the local government must be in writing and include the following: The name and … More -
Q:
Whom Does The Labor Management Relations Act Cover?
A: Generally, the LMRA covers the private sector. Government agencies are excluded. Two exceptions are national banks and mail contractors. Because of this, states have … More -
Q:
When Must Break And Meal Periods Be Given?
A: The FLSA does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does … More -
Q:
Whom does the Fair Labor Standards Act govern?
A: The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards. As of December 2000, workers … More -
Q:
When Is Overtime Pay Due?
A: For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of … More
