Can employers ask job applicants about criminal convictions?

In Hawaii, employers are allowed to ask job applicants about their criminal convictions during the hiring process, as long as it is done in a non-discriminatory way. This means that employers must not ask questions that unfairly discriminate against people based on their race, creed, color, religion, sex, national origin, ancestry, age, disability, marital status, arrest and court record, or sexual orientation. While employers are allowed to ask any applicant about their criminal convictions, they are prohibited from asking questions that are irrelevant to the job position. For instance, an employer cannot ask a job applicant if they have ever been arrested, as arrests are not always followed by a conviction. In Hawaii specifically, employers with 15 or more employees are prohibited from discriminating against applicants because of their criminal record. This means that based on an applicant’s criminal record, employers are not able to reject an applicant without considering the job-relatedness of the conviction, the amount of time that has passed since the conviction, and the degree of rehabilitation of the applicant. In conclusion, while employers in Hawaii are allowed to ask job applicants about criminal convictions, as long as it is done in a non-discriminatory way, they are prohibited from using the criminal record as an excuse for discrimination. Furthermore, when considering an applicant’s criminal record, employers must take into account job-relatedness, the amount of time that has passed since the conviction, and the degree of rehabilitation of the applicant.

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Can employers ask job applicants about criminal convictions?

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