Can an employer use arrest and criminal records to reject an applicant?
With regards to blanket requirements of no previous arrest or criminal records, the EEOC has considered cases unlawful against Afro-Americans because of disproportionate impact, unless it can be shown that such requirement is necessary to the operation of the employer`s business. When refusing to hire, the employer should be able to show that they first considered the circumstances surrounding the particular case and the employment of such an applicant would be inconsistent with the safe and efficient operation of the business.
