Job Application After Being Charged with a Felony
My question involves labor and employment law for the state of: Massachusetts
I just saw this on an online application for a local grocery store chain. "Have you ever been convicted of or charged with a felony or misdemeanor?" I'm used to seeing the word convicted but "charged" seems very unusual to me.
This is legal?
Re: Charged with a Felony Job Application
Yes, it's perfectly legal.
Don't lie. If you're hired, and your background check later shows a charge, you can be terminated.
Re: Charged with a Felony Job Application
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catness3641
My question involves labor and employment law for the state of: Massachusetts
I just saw this on an online application for a local grocery store chain. "Have you ever been convicted of or charged with a felony or misdemeanor?" I'm used to seeing the word convicted but "charged" seems very unusual to me.
This is legal?
I believe EEOC guidelines forbid asking an applicant if they have ever been "arrested"?
This link seems to support that.
Arrests.
As a general rule, employers are not permitted to ask candidates "Have you ever been arrested?" Many arrests do not result in convictions, and inquiries concerning arrests can be perceived as biased against particular minority groups
http://www.sideroad.com/Human_Resour...questions.html
Here the "operative" word is "charged". IMO, this is an illegal question unless the case law bears it out to some degree.
When you are "arrested" you are "charged".
Re: Charged with a Felony Job Application
It is possible to be arrested but not charged, although most people who are arrested do end up being charged with something.
Re: Charged with a Felony Job Application
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Mr. Knowitall
It is possible to be arrested but not charged, although most people who are arrested do end up being charged with something.
I assume you are speaking of probably being "formally" charged, such as in an Indictment/ information/citation.
If you are arrested and taken into custody, it was under authority of probable cause.
IMO, simply because you may be released before you post bail or see a judge, it does not negate the fact you were charged with a crime.
This question of "charged", it seems to me, is splitting a very fine hair?
Re: Charged with a Felony Job Application
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BOR
I believe EEOC guidelines forbid asking an applicant if they have ever been "arrested"?
This link seems to support that.
Arrests.
As a general rule, employers are not permitted to ask candidates "Have you ever been arrested?" Many arrests do not result in convictions, and inquiries concerning arrests can be perceived as biased against particular minority groups
http://www.sideroad.com/Human_Resour...questions.html
Here the "operative" word is "charged". IMO, this is an illegal question unless the case law bears it out to some degree.
When you are "arrested" you are "charged".
The EEOC does not bar asking those questions. They do state if an employer chooses to collect arrest or conviction information, it must do so consistently. When an employer asks employees or applicants about their arrest or conviction history, the EEOC suggests that it assures applicants and employees that honestly providing such history will not automatically disqualify them from consideration for the position.
Re: Job Application After Being Charged with a Felony
When an employer asks employees or applicants about their arrest or conviction history, the EEOC suggests that it assures applicants and employees that honestly providing such history will not automatically disqualify them from consideration for the position.
And Massachusetts law requires that an employer provide that assurance.
Re: Charged with a Felony Job Application
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mlane58
The EEOC does not bar asking those questions. They do state if an employer chooses to collect arrest or conviction information, it must do so consistently. When an employer asks employees or applicants about their arrest or conviction history, the EEOC suggests that it assures applicants and employees that honestly providing such history will not automatically disqualify them from consideration for the position.
We seem to have conflicting statements then. Here is another link:
The EEOC also states that employers should not ask applicants about arrests which have not lead to convictions, since such questions may have a “chilling effect” upon minorities and discourage them from applying for a job.
This does not prohibit employers from learning about these arrests from court records.
http://www.dealersinsurance.com/use_...decisions.html
Re: Job Application After Being Charged with a Felony
"Should not ask" and "are prohibited from asking" are not the same thing.
"Should not ask" suggests that it is discouraged but not prohibited.
Re: Job Application After Being Charged with a Felony
Every site I have checked is either strongly against it or the fine line is so questionable they do not wish to risk asking.
Research Notes -- Arrest Records in Employment
The Equal Employment Opportunity Commission’s position is that an employer is precluded by Title VII of the Civil Rights Act of 1964 from asking a potential employee about arrest records. The rationale behind this position is that arrests do not prove guilt and that screening out applicants with arrest records has an adverse impact on minorities. See Fair Employment Practices Manual; EEOC Guide to Pre-Employment Inquires, Lab. Rel. Rep. BNA, No. 695 at 443:67 (1995).
Although no federal statute prohibits an employer from asking about a prospective employee’s arrest record, forty-one states restrict or prohibit employers’ inquiries about this subject.
http://counsel.cua.edu/employment/qu...st_Records.cfm
Note, this Attorney uses the word "precluded"!
Federal law itself, an act of Congress, may not prohibit it, but EEOC guidelines seem to prohibit it.