Can a potential Employer ask me about my Criminal record like charges?
Full Question:
Shoplifting - Concealment of Goods. Injury to Personal property. Case disposed - Does an individual have to list on apartment and job applications?
12/13/2016 |
Category: Employment ยป Criminal Rec... |
State: North Carolina |
#28033
Answer:
- State laws generally control what can be required on applications in reference to criminal charges, arrests, convictions and other terms that application sometimes contain. People should carefully consider the terms used because those terms could dictate how the question should be answered if allowed in your State.
- If the application is an employment application and the State allows the criminal questions being answered this does not mean that the answers can be considered in deciding whether to offer you the job. The offense must generally be related to the job in order for it to be considered. But as a practical matter how could we prove that a potential employer refused to offer you the job based on your criminal history answers not related to the job.
- Federal Discrimination law as interpreted by the Equal Employment Opportunity Commission (EEOC) prohibits employers from denying jobs to all applicants with a criminal history.
- If possible have your criminal record expunged or sealed. If so, you do not have to disclose it.
- Also important are the terms used such as "arrest", "charge", "conviction", "criminal record" and similar terms. You should pay attention to what terms are used on the application.
- Your criminal records might be used by employers, lenders, and others such as regulatory agencies to determine eligibility for occupational licenses. Keep in mind that in regard to licenses, the criminal history should bear on the fitness to be licensed in that particular occupation.
- Employers must provide notice when they want to get access to your criminal record. This is required under the Fair Credit Reporting Act. Under the Act before an employer can use your criminal record in a hiring decision, the employer must provide you a copy of the report and summary of your rights.
- Most states ban the use of your arrest history that did not result in a conviction. In those States that allow this, the use of the arrest record in hiring has strict requirements.
- There are some fields of employment that strictly prohibit you if you have a criminal conviction. i.e. Banks. Also, if you are a convicted felon you cannot work in a place where you handle firearms. Employment in the areas involving children or elderly adults such as childcare, education and home health aid can be prohibited based on your criminal record.
- We do not find in North Carolina a law that prohibits asking about arrests or charges. If there, we did not locate it.
References:
Equal Employment Opportunity Commission - Enforcement Guidance, 915.002, 4/25/2012
- https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm
Equal Employment Opportunity Commission - Background Checks, What Employers Need to Know, A joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission
- https://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm
Equal Employment Opportunity Commission - EEOC Office of Legal Counsel - Letter dated April 7, 2016, Title VII/Conviction Policy/Comments on Similar Proposed State Regulations
- https://www.eeoc.gov/eeoc/foia/letters/2016/title_vii_conviction_policy_4_7.html
Equal Employment Opportunity Commission - EEOC Office of Legal Counsel - Letter dated December 19, 2011, Title VII: EPA Information Collection Request - Background Checks
- https://www.eeoc.gov/eeoc/foia/letters/2011/title_vii_epa_information_collection.html
Equal Employment Opportunity Commission - EEOC Office of Legal Counsel - Letter dated January 11, 2016
- https://www.eeoc.gov/eeoc/foia/letters/2016/title_vii_conviction_policy_1_11%20.html
Workplace Fairness, Criminal Records
- http://www.workplacefairness.org/criminal-records-workplace
