Pre Employment Convictions

Carolil

Two issues involving arrests prior to employment.

1. A supervisor is interested in bringing on a volunteer, someone she knows from her classroom work. He is a young person that she wants to "give a break." She happens to know that he had some legal trouble in his past, involving at least an arrest. She doesn't know anything else, but asked if we had a policy about hiring that would guide her decision. We don't have a policy, and do not even ask on our employment application about arrests, convictions, anything. I told her that given that, she should not ask for more details about his brush with the law, and should treat him as she would if she didn't have this prior knowledge. Thoughts?

2. This happened awhile ago but I've always wondered so I'll ask. A different supervisor had been working with a consultant whose work she respected. She put his name forward to participate with her in a conference on a college campus. One of the other conference organizers was looking on the internet for his address and came across an announcement about a rape conviction 10 years prior. The supervisor asked me what she should do. Again, I told her that she shouldn't take any action based on this info accidentally uncovered. Thoughts?

Sharon McKnight SPHR

I probably would have done the same. My experience is that asking about arrests is off limits, however, asking about convictions is part of many employers employment applications. The very few times I've come across an applicant with a conviction, I've looked at whether the conviction was for something relevant to the position. For example, if the conviction was for embezzling and the applicant was seeking a job in accounting, then I'd pass on the applicant. If the conviction, however, was for something unrelated to the position, then I'd look at how much time had passed since the conviction as well as how old the applicant was when convicted, etc.

With that said, I think your best bet is to consult with your employment law counsel for guidance.

Hope this helps.

Sharon

sonny

I agree with Sharon on this one.

NaeNae55

I can't imagine not asking about convictions (not arrests) on an employment application. That said, each conviction needs to be taken on a case by case basis. Someone might be convicted of statutory rape because they were 18 and their partner was 17. That would not stop me from hiring that someone in a sales position. However, a child molestation conviction from 5 years ago would prevent me from hiring someone to work with children. You need to know though. You can't make the correct call without all the facts.