Explain the legality of asking applicants about arrest and conviction history.
What will be an ideal response?
: Arrest records, by their very nature, are not valid bases for screening candidates because in our society a person who is arrested is presumed innocent until proven guilty. It might, therefore, appear that conviction records are always permissible bases for applicant screening. In fact, conviction records may not be used in evaluating applicants unless the conviction is directly related to the work to be performed--for example, when a person convicted of embezzlement applies for a job as a bank teller (cf. Hyland v. Fukuda, 1978). In addition, employers should consider carefully the nature and gravity of the offense, the time that has passed since the conviction and/or completion of the sentence, and whether the candidate is a repeat offender (Maurer, 2015a). As of 2017, 24 states and more than 150 cities and counties have passed “ban the box” laws that require organizations to remove the check box that asks if a candidate has ever been convicted of a crime. Instead, they require employers first to conduct a job interview to see if someone is qualified, and then do a background investigation and analysis of whether a conviction is job-related (Nagele-Piazza, 2017).
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Fill in the blank(s) with the appropriate word(s).
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a. search warrant b. arrest warrant c. subpoena duces tecum d. recognizance
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Answer the following statement true (T) or false (F)