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Considering convictions in hiring.
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Considering convictions in hiring.
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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
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Forums » Topic Forums » Legal Forum » Considering convictions in hiring.
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Considering convictions in hiring.
posted at 3/12/2013 9:48 AM EDT
on Workforce Management
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Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
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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Re: Considering convictions in hiring.
posted at 3/12/2013 1:22 PM EDT
on Workforce Management
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Posts: 221
First: 9/29/2011 Last: 5/2/2013 |
Absent any circumstances that would require otherwise, yes you're out of compliance and should change to the 7 year standard. |
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Re: Considering convictions in hiring.
posted at 3/13/2013 2:21 AM EDT
on Workforce Management
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Posts: 2
First: 3/13/2013 Last: 3/13/2013 |
Howdy Welcome to this forum , here u can find lots of things , i suggest you have to contact your friends or any other expert for your question, right now i am not able to give u answer . sorry for that ........ --------------- <a href="http://http://capilawyers.com//"> Lawyers in California</a>
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Re: Considering convictions in hiring.
posted at 4/9/2013 11:40 AM EDT
on Workforce Management
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Posts: 4
First: 7/11/2012 Last: 4/9/2013 |
I don't see what state you are in, but there are some states now that have banned employers from even having that question on their applications at all (they call it "ban the box"), and you need to really check your state laws to see if they have a further limit on the timeframe for criminal records to be reported (Indiana recently changed it to 5 years, although most states that have a limit put it at 7, which is the industry standard. |
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Re: Considering convictions in hiring.
posted at 4/11/2013 9:45 AM EDT
on Workforce Management
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Posts: 20
First: 2/6/2012 Last: 5/3/2013 |
Hi: I'm not aware of any EEOC Guideline that states that employers cannot inquire about a conviction that is over 7 years old. In fact, a review of the agency's most recent guidance on the use of criminal convictions by employers (released April 25, 2012) makes it readily apparent that this is not the case. As, for Indiana, their law allows convicted criminals to have certain conviction records (Class D Felonies and misdemeanors) sealed if they are over 8 years old. Also, the following jurisdictions have ban the box statutes that apply to private sector employers: Newark, Philadelphia, Massachusetts and Hawaii. Parenthetically, the FCRA does prohibit Consumer Reporting Agencies from reporting: Bankruptcies after 10 years; Civil suits, civil judgments, and records of arrest, from date of entry, after 7 years; Paid tax liens after 7 years; Accounts placed for collection after 7 years and Any other negative information (except criminal convictions) after 7 years. I trust this information is helpful. Dave Arnold, Ph.D., J.D. |
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