Are employers allowed to take into account an applicant’s past criminal record when making hiring decisions?

In Texas, employers are allowed to consider an applicant’s criminal record when making hiring decisions. However, employment discrimination laws within the state limit what employers are allowed to consider and how it can be used. These laws apply to employers of any size, regardless of the number of employees they have. An employer may not refuse to hire an applicant solely on the basis of a past criminal record. In Texas, employers must consider the nature of the crime, the length of time since the crime was committed, the existence of any rehabilitation programs or courses, and other factors before making a hiring decision. Additionally, an employer must make decisions on criminal records objectively. They must not make hiring decisions based on their personal feelings or opinions about the applicant’s race, ethnicity, or other protected classes. It is important to note that employers are allowed to have written policies related to criminal history and take appropriate action when needed. For example, they can reject applicants who have committed a crime that would pose a risk to the safety of other employees, customers, or members of the public. Overall, employers in Texas may take into account an applicant’s past criminal record when making hiring decisions as long as they abide by employment discrimination laws. They must consider all appropriate factors before making a decision and not base it on the applicant’s race, ethnicity, or other protected classes.

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Are employers allowed to take into account an applicant’s past criminal record when making hiring decisions?

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