|
|
|
|
|
| Hi everyone. Does anyone have a sample policy they would like to share regarding Background Checks and not hiring anyone who is PENDING in a CRIMINAL CASE until the Case is resolved? Is this legal? I understand the language to read "convicted" not arrested, but if a CRIMINAL CASE is PENDING do we have the right to refuse until it is resolved?
|
|
|
|
|
|
|
| Is there another candidate that is just as qualified to do the job?
|
|
|
|
|
|
|
Title VII of the Civil Rights Act of 1964, says that the applicant's criminal record cannot be used as a basis for denying employment, unless it is determined to be due to job-related issues or business necessity.
I do not think it would be legal to deny employment due to a pending criminal trial. The entire foundation of our legal system is based upon "Innocent until proven guilty". This is the exact reason we have the right to a "Speedy Trial".
I agree with the previous post, if there is another qualified applicant, then go that route. You might be able to use the time and attention involved in that criminal trial as a reason for not hiring the applicant, but I am not a lawyer so I would seek legal advice beforehand.
Here is a sample policy you might want to consider.
[Company name] can make inquiries regarding criminal records during the pre-employment stage, however, as part of Title VII of the Civil Rights Act of 1964, this information cannot be used as a basis for denying employment, unless it is determined to be due to job-related issues or business necessity.
[Name of Company] has determined for each position in the company whether a criminal history background check is required based on the type of position, business necessity and applicable state laws. When a criminal history record check is required, the internal or external applicant for the position must authorize in writing this background investigation using the company-provided form. The company will inquire only about convictions and probation status, if any, and not about arrests unless required by applicable laws.
The following factors will be considered for those applicants with a criminal history in determining whether to hire the external applicant or transfer or promote the internal applicant: the nature of the crime and its relationship to the position; the time since the conviction; the number (if more than one) of convictions; and whether hiring, transferring or promoting the applicant would pose an unreasonable risk to the business. The applicant will be given an opportunity to review the criminal background check results and submit an explanation. If any applicant is found to have falsified any information regarding conviction history, the applicant will not be considered for employment. If an employee seeking a transfer or promotion to a position requiring a criminal history record check is found to have falsified any information regarding conviction history, the employee may be immediately discharged.
|
|
|
|