HR Question of the Month: Arrest Record



Question
As a last step in our hiring process, we require a candidate to pass a background check after they have been interviewed. Recently, a background check came back with an arrest listed. Are we allowed to turn down the candidate due to the arrest?

Answer
Employers can consider criminal records when they make the final decision about hiring. An employer considering criminal records in hiring decisions should assess whether the record is relevant to the job. An employer can assess the relevance of a person’s criminal history and how it relates to the risks and responsibilities of the job. The employer’s hiring decision should accurately predict who will be a responsible, reliable and safe employee.

However, arrest records are treated differently. An employer cannot refuse to hire people simply because they have been arrested. The fact that a person was arrested is not proof they committed a crime. That said, there are situations where an employer can explore the person’s conduct leading to the arrest and ask them to explain the circumstances. The employer can then decide whether the conduct is a reason not to hire the person or to make another employment decision.

Employers should also be aware of other laws they may need to comply with. For example, when an employer runs background checks through a company in the business of compiling background information, the employer must comply with the Fair Credit Reporting Act. In addition, several states have enacted laws, commonly known as “Ban the Box” laws, that limit employers’ ability to seek and use information about job applicants’ criminal histories. These provisions generally prohibit employers from automatically disqualifying applicants based on their criminal background. Given the complexities, employers should work with local counsel to ensure their hiring processes comply with all applicable laws.

About: MAP Partner
 0
Masonry Mortar: The Right Type for the Job
May 2025

When it comes to masonry construction, mortar is much more than “glue” that holds everything together — it’s a critical component of wall performance, longevity, and aesthetics. It can “make it or break it”. Whether you’re laying a foundation CMU wall or

Garen Graves
Featured MAP Partner
Mortar
Read More
MASONRY STRONG Podcast, Episode 20 Recap: Mark Kemp, Superior Masonry
May 2025

Justin Stengel
Read More
How It’s Made: Clay Thin Brick
May 2025

Clay thin brick is a versatile alternative to traditional full brick. It comes in numerous colors and styles and offers something for every design preference. Thanks to the lighter weight, it is designed to reach spaces full brick cannot. From floors to c

Allison Goley
Featured MAP Partner
Read More
Bonding with Masonry 2025: Q1
May 2025

This issue’s questions come from an Architect and a Mason Contractor. What questions do you have? Send them to info@masonrymagazine.com, attention Technical Talk. Q. An Architect asks how to create a narrow masonry pier between openings. Is there a min

David Biggs
Featured
Read More