First Offender?

Lonnie

Are there standard [written!] guidelines about the following?

Does the First Offender's Act give the prospective employee a right to answer "no" on an emloyment application when asked if they have ever been arrested or detained? (hey, wouldn't *detained* apply to anyone ever pulled over for speeding?)

What about if the question is have they ever been convicted? Or what if the question is have they ever had their civil rights revoked?

I'm trying to an authoritative source that makes it simple to explain!

Thanks, lonnie

Shadowfax

I don't know anything about First Offender Act (don't have it in Mi) but you shouldn't be asking about arrests that didn't result in conviction - nor - "detained" whatever that is. You can ask about convictions but need to be careful how yoyu use the information obtained because it could have a disparate impact, and, not be job related (to your job). You have me fooled on the revocation of civil rights as well, I don't know what that is, but based on the very little information we are permitted to ask, I'll bet it's a no no as well.

Theresa Gegen TX

The EEOC has forever taken the position that asking about arrests and detentions discriminates on the basis of race. It is a sad fact that minorities are arrested and detained by the police and let go without charges, because the arrest and detention were based on the race of the person. So if you screen about people due to arrests, you will screen out a disproportionate number of minorities.

You should only ask about convictions or pleading guilty.

Good Luck!