Conducting background checks on new hires is a critical part of an employer's due diligence obligations.
Those checks typically include looking at past criminal matters. However, use of criminal records and hiring has become a complex and highly regulated area for employers. Employers must understand the legal limitations on the use of a criminal record, including state and local Ban the Box and Fair Chance hiring laws as well as the EEOC Guidance on the use of criminal records issued in 2012.
Employers need to understand that the automatic rejection of an applicant with a criminal record may not only be unlawful, but potentially eliminates qualified applicants. The Second Chance movement is aimed at helping ex-offenders re-enter society.