Sandy Steco was applying for a job as stock clerk at a warehouse company. On the

Question

Sandy Steco was applying for a job as stock clerk at a warehouse company. On the application form the company asked the question “Have you ever been arrested?” Sandy had been arrested once for speeding and another time for running a red light when he was a high school senior six years ago. He was concerned that listing these arrests on the application form might mean he would not be considered for the job; hence, he didn’t list them! He got the stock clerk job, but he was always worried about the company finding ut about his driving arrests. Was Sandy wrong to leave out this information? What consequences could the omission have for him in the future?

Explanation / Answer

It depends on state laws where the employer is located:
1. Several states have laws that limit employers to make hiring decisions based on criminal records
2. Other states allow the employer to take into account the background, only if the crime is related to the work for which the applicant will be hired.
3. Some states do not allow employers to include a question like this in the application forms, however, it is possible that the employer can ask that question in a later interview, but it can be used as criteria for not hiring that person.

On the other hand, place these kinds of questions on an application, it may be considered a violation of federal laws on discrimination, as for example, cases of detention are very high for African-Americans and Latinos, this could cause that many people belonging to these groups are often disqualified.

The Equal Employment Opportunity Commission (EEOC) recognizes that, in some cases, employers have legitimate reasons to check criminal records for certain jobs, however, the employer must consider the context of the infringement and the nature of offense, how long ago it occurred, and the nature of work for which the applicant will be hired.

For example, an employer might consider not hire a person with a conviction for theft, if it will be hired for a job that is related to money

In the case study, Sandy Steco was arrested but he was not convicted. The arrest proves nothing regarding his conduct, and should not be limiting to hire him as Clerk (this would be important if the hiring would be to work as a driver).

In addition, if the state, where Sandy is, prohibits this type of application question, he should alert the contractor of this fault, or he can also report the employer to his state's fair employment practices agency (FEPA).

If the state allows employers to make these kinds of questions, Sandy could mark the box with an asterisk and add a note and briefly explain why he was arrested, and he was never convicted, (he can expand the information for the employer to stay calm that he does not constitute any risk to the business)

The best recommendation for Sandy, might be to try to eliminate their criminal records. Because they are relatively minor offenses, he may qualify to close them. This will allow Sandy, act as if these crimes never happened and when he is asked whether he has a criminal record he can answer "no". This could be the safest way to apply to his next job.

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