When can an employer ask about or consider conviction records in employment decisions?
Employers may ask about and consider criminal convictions less than ten years old that are rationally related to the duties and responsibilities of the job. For job applicants, an employer must first make a conditional offer of employment before inquiry and consideration is permitted. The conditional job offer may be withdrawn if the applicant has a conviction record rationally related to the job. 6. Can arrest records not followed by a valid conviction be considered in employment decisions? Answer: Generally, an employer may neither ask about nor consider arrest records where the individual was not subsequently convicted. A limited exception allows employers to consider an individual’s “arrest and court record” as a bona fide occupational qualification (BFOQ), subject to certain conditions. A BFOQ must be reasonably necessary to the normal operation of the business and substantially related to the functions and responsibilities of the job. 7. What is the Hawaii Sex Offender Registry?
