Whats an arrest record got to do with it?
Next you should consider whether the circumstances of the arrest are “job-related.” The usual response from employers is “How can an arrest not be related to the job?” Certainly there is an element of truth to that question. But in reality, and especially in the world of the EEOC, it doesn’t represent the whole truth. To accept that all persons with an arrest record are unfit to hold a job would be a quick return to disparate impact discrimination–do not pass “Go,” do not collect $200. So when is an arrest history truly “job-related”? The EEOC gives us three things to consider: (1) the nature and gravity of the offense, (2) the time that has passed since it occurred, and (3) the nature of the job sought. Certainly, some jobs will necessarily require a higher standard, and more candidates may be excluded as a result. Law enforcement or other safety-sensitive positions, jobs that give the employee easy access to the possessions of others, and any position that imposes a responsibility o
