Arrest Record Based Illegal Interview Questions in US
Arrest Record Based Illegal Interview Questions in US reflect the prejudice of the employer against the candidate, who earlier suffered an arrest.
Arrest that has not lead to any conviction of the accused is not reliable evidence of any crime. Similarly investigations or inquiries in the absence of any findings of guilt are not of any significance in the context of employment.
Under the provisions of Equal Employment Opportunity Act (EEOA), the Equal Employment Opportunity Commission (EEOC) has held that broad general inquiries as to whether the applicant has ever been arrested or been the subject of internal company investigations, is unwarranted or rarely justifiable. Such queries reflect pre conceived notions of guilt of the applicant in the eyes of the employer.
Some states, jurisdictions and localities have laws in place regulating the use of arrest or conviction records in the perspective of employment.
Controversial questions based on arrest record can easily be turned into harmless queries ,as follows:-
Examples of improper questions based on arrest record:
• Have you ever been arrested?
• Have you ever spent a night in jail or custody?
Examples of proper questions based on arrest record:
• Have you ever been convicted of a crime? If so, when, where, and what was the nature of the case? (The information secured on the applicant’s conviction record can only be used in employment decisions if the conviction is primarily work-related.)
• Have you ever been convicted of ______? (The crime named should be reasonably related to the performance of the job applied for.)