- Applies to all employers regardless of size.
- Employers must wait until after an interview or once the applicant has been deemed qualified for the position to inquire about criminal history.
- Employers may only reject an applicant with a criminal record after conducting an individualized assessment.
Who does this effect?
Applies to all employers and anyone acting in their interest, directly or indirectly.
What does the law provide?
- Criminal history information can be sought during an interview or once the prospective employee has been determined otherwise qualified for the position.
- Employers may not request criminal history record information on the employer’s initial employee application form.
- Employers may not state on an initial employee application form or advertisement or specify prior to determining a person is otherwise qualified for the position that a person with a criminal history may not apply or will not be considered for a position.
- Employers must conduct an individualized assessment of whether an applicant’s criminal history record has a direct and adverse relationship with the specific duties of the job that may justify denying the applicant the position. When making this assessment, the employer must consider: the nature and gravity of the offense or conduct; the time that has elapsed since the offense, conduct, or conviction; and the nature of the job sought.
- An employer also may not state, either on the application or in an advertisement, that a person with a criminal history cannot apply or will not be considered for a position. The exceptions to this rule are where federal or state law, regulation, or rule create a mandatory disqualification based on a conviction or the employer is required under federal or state law, regulation, or rule to conduct a criminal background check.
Are there any exceptions?
Does not apply if:
- the position is one for which a federal or state law or regulation or rule creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses, and the questions on the initial employee application form are limited to the types of criminal offenses creating the disqualification;
- the employer is subject to an obligation imposed by a federal or state law or regulation or rule not to employ in a position a person who has been convicted of one or more types of criminal offenses, and the questions on the initial employee application form are limited to the types of criminal offenses creating the obligation; or
- the employer is required by federal or state law or regulation or rule to conduct a criminal history record check for the position for which the prospective employee is applying.