Effective January 1, 2018, Employers may not inquire into an applicant’s criminal history during the initial stage of the employment process. Questions regarding criminal history may not be on the employment application form. Additionally, an employer may not deny an applicant a position due to a criminal conviction without first performing an individualized assessment regarding the circumstances of that conviction. This individualized assessment would fall regular EEOC standards.
If an employer is going to take adverse action against an employee or applicant, the employer must identify the specific criminal record(s) that cause concern, and allow the individual to respond. This requirement is in addition to the FCRA requirements for adverse action.