The Professional Employer

  Let’s say you have a job applicant who meets the qualifications to be an administrative assistant, but a background check finds a 10-year-old conviction for sexual abuse of a child. Are you obligated under law to offer them the job?

That would depend on the type of business. If it were a day care center, you would have a legally defensible reason to reject the applicant, in fact, a responsibility to their clients to not hire the employee. But you would be on shakier ground if the job were in a shoe factory, and it could depend on the state where the factory is located.Employers frequently face similar scenarios to the one mentioned above. On the one hand, federal and state laws may bar employers from rejecting applicants based on convictions unrelated to the job. On the other hand, employers risk being accused of negligence if they hire someone convicted of a crime who subsequently causes job-related problems. The issue has taken on greater urgency given last year’s initiative, Eradicating Racism and Colorism from Employment, by the EEOC. The EEOC said studies have shown that employers make hiring decisions based on convictions, arrests and other factors that “may disparately impact people of color.”

Businesses without an internal HR department should not face these issues alone.  It would be wise for business owners to consult with a Professional Employment Orgranization (PEO) in these matters. Professional Employers help develop hiring policies and are prepared to proactively respond if a potential issue arises.