ing an employment decision.
• The nature of the job held or sought. The final factor requires you to meas-
ure the position the applicant is applying for against the criminal con-
viction. Does the conviction have a direct impact on the job they
would perform at your facility? Linking the criminal conduct to the
essential functions of the position can help you prove that a decision
not to hire was made out of business necessity.
Protect yourself
How do you proceed when a potential new hire has a record of
some sort? When working through the EEOC's factors doesn't provide
a clear-cut answer, it might be best to contact a human resources pro-
fessional who's well versed in employment regulations. Each hiring
situation you face will differ, and it's sometimes important to seek the
advice of an expert. But in general, follow the "adverse action" steps if
you chose not to hire an applicant based on the findings of a criminal
background check.
Adverse action is a two-part process. The first part involves the
preliminary notice of adverse action. This letter sent to the applicant
states that a preliminary decision has been made to not employ
them based on the findings of a criminal background, and should
they choose to dispute this information, they can contact the CRA
you're working with. Enclose a copy of the CRA's report, as well as a
summary of the applicant's rights. Send the letter via certified mail,
because the applicant has 3 to 5 days to dispute the report's informa-
tion.
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