Using Arrest Records in Hiring
The Supreme Court's 1966 Miranda ruling providing for "the right to remain silent" is now a well-known phrase thanks to American mass media and, especially, popular television police dramas. However, not nearly as well known is, that for better or worse, this right can also be extended to the workplace. The topic of this paper is to examine the legality and issues involved with regard to questioning applicants during the hiring process about their arrest and conviction records.Discrimination occurs at all levels of society involving many types of people for various reasons. In the 1960's a populist movement in the United States raised national awareness of civil rights as an issue in American society, culminating in 1964 with landmark legislation. The Civil Rights Act of 1964 dramatically altered the landscape that had permitted discrimination to occur in the United States of America upon the basis of an indicidual's race, color, religion, sex and national origin. However, landscapes do not change overnight. American society and its employers have been forced to revise their hiring, selection, promotion, and termination employment practices in order to conform to Title VII. The Equal Employment Opportunity Commission (EE
9. "Key Crime & Justice Facts at a Glance" U.S. Department of Justice Bureau of Justice Statistics January 21, 2000 http://www.ojp.usdoj.gov/bjs/glance.htm The EEOC holds that employers may ask applicants about his or her conviction history at the pre-offer stage but can only consider the conviction in making a hiring decision to the extent that the conviction "bear[s] some relationship to the job in order to constitute a sufficient reason not to hire."15 "For example, a bus company's refusal to hire a protected class applicant with a single recent DUI conviction would be justified because the conduct underlying the arrest, driving while intoxicated, is clearly related to the safe performance of the duties of a bus driver, and occurred fairly recently."16
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Approximate Word count = 2238
Approximate Pages = 9 (250 words per page double spaced)
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