Question

Discuss what could be wrong with an employment application question asking whether the applicant has been arrested? Is not the employer entitled to know whether one who might be hired has been in trouble with the law?

Answer 1

Ans) Most states have laws that ban the use of arrest history that did not lead to conviction in hiring decisions. Some states allow the use of arrest records, but an employer may not automatically exclude individuals from employment based on their arrest record. When an arrest record is used, it is only appropriate for an employer to use arrest records in a hiring decision when:

1. The arrest is recent;
2. It is likely the applicant committed the crime; and
3. There is a relationship between the position and the reason for arrest (For example, you were arrested for theft and applying for a cashier position)

- Individuals who have been convicted of a felony often experience difficulty in securing employment because many employers choose not to hire them.

- However, a series of laws may prevent an employer from having a blanket policy against discriminating against employees who have been convicted of a felony.