Considering convictions

Our current job applications ask“ Have you been convicted of a felony in the last 10 years?”

I understand that EEOC guidelines say that conviction must be recent and relevant to deny an applicant employmnent. The guidelines consider 7 years as recent for felony.

Are we out of compliance with current guidelines. What do your applications request?

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  • [quote user="hrst"]

    Our current job applications ask“ Have you been convicted of a felony in the last 10 years?”

    I understand that EEOC guidelines say that conviction must be recent and relevant to deny an applicant employmnent. The guidelines consider 7 years as recent for felony.

    Are we out of compliance with current guidelines. What do your applications request?[/quote]

    If I understand you correctly, you said that your application asks "in the last ten years" and the guidelines indicate that "recent" means "in the last seven years."  Therefore, without looking any further, it sounds like you use a longer period in your search than the guidelines indicate the EEOC prefers.  An attorney can best explain the risks of doing so.  Assuming your information is correct, then one certain risk is that if your selection strategy comes under the scrutiny of the EEOC, it is more likely to be suspicious of your overall set of policies and procedures in making hire decisions.

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