Can employers ask job applicants about criminal convictions?

In North Carolina, the law is clear about employers being able to ask job applicants about criminal convictions. Generally, employers are allowed to inquire about criminal convictions, but they must do so with caution. This means that employers must not inquire about any conviction that is not job-related or otherwise authorized by law. The Equal Employment Opportunity Commission (EEOC) has set standards to ensure that employers do not discriminate against applicants based on their criminal background. According to the EEOC’s Enforcement Guidance, employers should limit inquiries to convictions that are reasonably related to job duties and responsibilities. They should also ensure that any inquiries are job-related and have clear business necessity. Additionally, employers should not ask about certain older convictions, since these may not be relevant to the job. In North Carolina, employers must also be aware of certain laws that limit their ability to inquire about criminal convictions. For example, the North Carolina General Statute 15A-1340.18 prohibits employers from inquiring about certain misdemeanor convictions that have been pardoned or expunged from an applicant’s record. Overall, employers in North Carolina can ask job applicants about criminal convictions, but they must be cautious and abide by laws to ensure that they are not unlawfully discriminating against the applicant.

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Can employers ask job applicants about criminal convictions?

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