Job interview a candidate at a job interview

Applicants with criminal backgrounds

Although it is illegal^[where?] for employers to ask about applicants’ arrest record during an interview as a deciding factor in applicant hiring decisions, employers do have the right to obtain information about applicants’ criminal convictions before hiring, including during the interview phase.^[150] Many companies consider hiring applicants with criminal history a liability. For instance, if a company hired someone with an assault charge and that person later assaulted another employee or vendor, some people would say that the company was liable or legally responsible for not maintaining a safe work environment. Although the legalities are more complex, this potential responsibility an organization may carry often is a reason why many companies conduct criminal background checks. When making hiring decisions that somewhat depend on one's criminal background, employers must consider the following:

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  Employers should only ask about an applicant's criminal conviction history if it is job related.^[180]
  
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  Treating job applicants with criminal histories differently based on their race or national origin is a disparate treatment liability.^[181] Disparate treatment is defined as intentional discrimination^[182] If employers ask about criminal convictions in the interview process, the interviewer must ask all interviewees and not just interviewees of a perceived sex, race, or national origin.
  
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  Excluding applicants with certain criminal records may end up overly excluding groups of individuals protected under Title VII^[183] which is a disparate impact liability.^[181] Disparate impact is defined as unintentional discrimination.^[184]
  
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  Some states have different laws about how arrest and conviction records can be used in hiring decisions and when employers can obtain information about criminal records.^[180]
  

Although not much research has been conducted to examine whether applicants should talk about their criminal histories or not, a 2012 study^[185] found that employers were more likely to hire someone with a criminal record if the applicant made face-to-face contact with the employer and was prepared and willing to discuss his/her job related knowledge. Applicants also had an increased chance of being hired if they discussed what they learned from their experience in the justice system, as well as how they were rehabilitated, during the interview. This study found that employers preferred applicants that revealed their criminal records upfront and were willing to take responsibility for their actions.^[185]
Ban the Box is a campaign to remove the question about criminal history from job applications as an opportunity to give people with criminal histories a reasonable chance in the employment selection process. By allowing applicants to be interviewed before disclosing their criminal histories, this campaign seeks to increase the number of applicants with criminal histories in the workplace.^[186] The campaign focuses on how discrimination in the recruiting phase of selection makes it harder for people with criminal convictions to obtain employment. Not having employment makes it harder for people with criminal histories to support their families, and a lack of a job can lead to an increased chance of the person becoming a repeat offender.^[187]