Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the focus of federal enforcement efforts over the past several years, ever since the EEOC updated its guidance on this topic in 2012. This flurry of activity has made what was historically a simple hiring practice into a legal minefield. In short, restrictions on the use of criminal convictions are here to stay and likely will become even more restrictive over time. There is no sure-fire way to avoid a claim of discrimination. By putting the practices outlined in this article into place, however, companies will stand a far better chance in defending the practice when such a claim does arise.
Hiring Tips Blog

Using Criminal Convictions in the Hire Process: A Hobson’s Choice for Employers?
Sep 1, 2015 | Criminal History Check, Employment Screening
Recent Posts
- Checkr IDV Launches with Socure Biometrics to Counter Hiring Fraud
- What Will Marijuana’s Impending Reclassification to a Schedule III Drug Mean for Oklahoma Employers?
- Use of Medical Marijuana or Hemp Doesn’t Excuse Drug Testing Violations, Trump’s Transportation Department Warns
- Top Issues in the Cannabis Industry for 2026
- Companies Work to Navigate Operational, Legal Challenges Associated with AI In HR Systems
Categories
- Artificial Intelligence Fraud (8)
- Background Check Compliance (110)
- Background Check Laws (70)
- Background Screening (58)
- Biometric Identification (11)
- Consumer Financial Protection Bureau (2)
- Credit Checks (33)
- Criminal History Check (197)
- Data Protection & Privacy (135)
- E-Verify Issues (86)
- Education Verification (9)
- Educational and Childcare Hiring (28)
- EEOC (53)
- Employer Negligence (37)
- Employment Screening (147)
- Fair Credit Reporting Act (112)
- Featured Posts (1)
- Financial Services Hiring (12)
- Healthcare Hiring (13)
- Hiring Legal Compliance (3)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (101)
- IT and Data Security Hiring (12)
- Medical & Pharmaceutical Industry Hiring (17)
- Occupational Fraud (29)
- Pre-employment Drug Testing (204)
- Public Safety Hiring (1)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (24)
- Uncategorized (1)
- Wage History Checks (4)

