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Criminal Convictions and the Impact on Employment Hiring Decisions

June 21st, 2013

When considering Criminal Convictions and the impact on applicants for Employment, you should review;
The facts or circumstances surrounding the offense or conduct
The number of offenses for which the individual was convicted
Age at the time of conviction, or release from incarceration
Evidence that the individual performed the same type of work, post-conviction, with the same or a different Employer (with no known incidents of criminal conduct)
The length and consistency of Employment History before and after the offense
Rehabilitation efforts (such as Education or Training)
Employment or character references and any other information regarding fitness for the particular position
Whether the individual is bonded under a Federal, State or local Bonding Program.

The EEOC recommends that Employers;

Eliminate Policies or Practices that exclude applicants from employment based on Criminal Record ALONE
Develop a narrowly tailored written Policy and Procedure for screening applicants and employees for Criminal Conduct
Determine the specific offenses that may demonstrate unfitness for performing such jobs
Determine the duration of exclusions for Criminal Conduct
Limit enquiries to job related elements


Please contact your HRO Client Services Manager for further guidance including the impact of a disparate impact analysis.