The Intuit Small Business Blog published Can I Use Arrest and Conviction Records When Hiring?. The answer is complicated, but here are 6 things to keep you within the rules:
- Identify the Essential Requirements of an Open Position
- Update Your Screening Process to Consider Factors that are Job-related and Consistent with Business Necessity
- Make Decisions More Heavily Weighted on Actual Convictions than Arrests
- Document the Reasons Why a Candidate’s Past Record Excludes Her From that Particular Position
- Keep the Information You Collect Confidential
- Train Employees Who Make Hiring Decisions