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
The EEOC has developed administrative guidelines which federal agencies and employers must follow to remain in compliance with Title VII. David Andrew Price (Washington Legal Foundation), "English-Only Rules: EEOC Has Gone Too Far," USA Today, March 28, 1996http://www. "11 Failure to conduct background checks could result in liability and penalties in catastrophic amounts for employers. "Limitations On An Employer's Ability To Consider Arrest Or Conviction Records Of A Job Applicant. asp)15 "Case Study - Using Arrest Records" Business Owner's Toolkit Web Site, CCH INC. "8 Employer regulatory responsibilities are many these days, and just as employers must avoid discriminatory hiring practices, so too must they protect themselves against negligent hiring.
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