Is an employment decision based on someone’s arrest record fair? Give your opinion.
Answers
Answer:
Arrest records.
It is unlawful discrimination for an employer to ask about an arrest record, to have a job requirement that applicant have no arrest record, or to use information about arrest record to make a hiring decision, unless it is a business necessity.
Explanation:
Employers have a right to see an individual's criminal record before hiring them. However, that right has several key limitations. The decision not to hire someone based on his or her criminal record must be related to the job, meaning the criminal record indicated that the person could be a liability in that position. Also, in most cases, an employer may not use arrest records in hiring decisions and cannot view expunged crimes, meaning crimes that have been removed from a criminal record. Furthermore, a recent campaign known as "Ban the Box" has encouraged over 150 cities and counties 30 states, and federal employers to remove questions about criminal history from job applications, pushing background checks to later in the hiring process and after an individual is given a chance to fairly present their qualifications.