If an arrest is not a conviction, and employers aren’t allowed to...

If an arrest is not a conviction, and employers aren’t allowed to ask about arrest records, only convictions,?

Best answer:

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then why does my arrest(that wasn’t a conviction) still show up on my background check, and why do employers weigh that information when reviewing my resume?

1 COMMENT

  1. There is no necessary correlation between state laws that prohibit employers from asking questions about arrest records during job interviews and the availability of such information through public and private databases.

    As I implied in my answer to your other related question, there generally is no legitimate reason for employers to use such information in evaluating you for the job. Asking questions about your arrest record during an interview, regardless of whether it is explicitly prohibited by state law, (i) generally has no probative value since people can and do get arrested with little or no justification, and (ii) exposes an employer to racial discrimination liability (studies have shown that screening job applicants based on arrest records has a disparate impact on the hiring of certain groups such as blacks and Hispanics).

    Based on what you stated in your other question it sounds like the lab director who interviewed you probably has had little or no training regarding how to conduct a job interview in compliance with state and federal labor laws.and generally recommended employment practices. In addition to any action you might take with a state labor department, you might also want to bring his conduct to the attention of his company’s HR department.

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