Complete Story
03/20/2025
Arrest Record
Source: Federated Insurance, March 18, 2025
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.
2026 Print Week Celebrations
The judges have spoken and now it is time to celebrate standout print from across each region. Registration is officially open—don’t miss it!
Read MorePackage Dimensional Concerns
The Postal Service’s proposed rule to require dimensional information about small packages continues to raise concerns among shippers.
Read MoreSeparating Myth From Reality on New “No Tax on Overtime” Law
A new federal law enacted last year provides a tax benefit to employees who receive overtime pay – but calling it a “No Tax on Overtime” law is a bit of misnomer.
Read MoreForest Facts: The Truths About Deforestation
Deforestation is a term sometimes used when people talk about the paper industry, but the truth is, modern foresters focus on the opposite of deforestation.
Read MoreStrengthen Your Workplace by Reviewing the OSHA Top 10
The Occupational Safety and Health Administration’s (OSHA) Top 10 Most Frequently Cited Standards serve to keep employers aware of common risks across all industries.
Read MoreThe What Then The Who. That's How.
Want to land a Big Fish account? In this week's Short Attention Span Sales Tip, Bill Farquharson gives you a step-by-step plan.
Read More
