A new piece of California legislature – Assembly Bill No. 1831 (AB 1831) – would prohibit local governments in the state “from inquiring into or considering the criminal history of an applicant or including any inquiry about criminal history on any initial employment application.” AB 1831 would only authorize a local government to consider the criminal history of a job applicant “after the applicant’s qualifications have been screened and the agency has determined the applicant meets the minimum employment requirements as stated in any notice issued for the position.” California Assembly Bill 1831 is available at: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1801-1850/ab_1831_bill_20120222_introduced.pdf. (more…)

A recent story from The Charlotte Observer about an ex-felon hired to work at a cafe who allegedly killed a pregnant cafe manager by fatally stabbing her during a robbery demonstrates the need for small businesses to perform background checks, as well as the risks taken when hiring employees with criminal records or the exposure to legal liability faced when failing to conduct thorough background checks on job applicants. The Charlotte Observer story ‘Killing puts background checks in spotlight’ is available at: http://www.charlotteobserver.com/2012/01/28/2965684/killing-puts-background-checks.html. (more…)

The Equal Employment Opportunity Commission (EEOC) – the agency of the United States Government that enforces federal laws prohibiting employment discrimination – held a meeting Tuesday, July 26, 2011 focusing on the use of criminal records by employers for employment screening background checks, according to the EEOC press release ‘Striking the Balance Between Workplace Fairness and Workplace Safety.’ At the meeting, the Commission was told by experts that employers refusing to hire people with arrest and conviction records even years after they have completed their sentences may cause recidivism and higher social services costs, but also that businesses face confusing and conflicting laws when using sometimes unreliable arrest and conviction records in making employment decisions. (more…)

According to an article posted in today’s Chicago Tribune, U.S. Attorney Patrick Fitzgerald says the business community can help reduce violence in Chicago by hiring ex-convicts, since jobs help ex-offenders stay away from the criminal activity that landed them in jail.  http://www.chicagotribune.com/news/chi-ap-il-hiringfelons,0,4186410.story  

Speaking to a Chicago Civic Club, the Mr. Patrick said that many with criminal records want the chance to do something different with their lives and encouraged interested business leaders to talk to other companies that have hired ex-offenders about their experiences. 

The problem for businesses of course is they have the obligation to exercise due diligence in hiring, and if a perosn with an unsuitable criminal record is hired, it can be a legal and financial nightmares, with a dramatic impact on the live of innocent people. 

On the other hand, employers should also not automatically reject an applicant with a criminal record unless there is a business justification.  ESR take the position that there is a job for everyone, but not everyone is suitable for every job.