Can employers ask job applicants about criminal convictions?
In Texas, employers can generally ask job applicants whether or not they have criminal convictions. However, employers must comply with certain guidelines when asking this type of question. If employers are asking questions about criminal records, they must make sure the questions are job related and not intended to discriminate. For instance, employers cannot exclude job applicants with a certain criminal record out of bias, such as race or gender. Additionally, employers must give applicants the opportunity to explain any criminal record they have. By law, employers can also perform a criminal background check on applicants. But they must first notify the applicant that they will be conducting a background check and give written consent. Overall, it can be beneficial for employers to ask applicants about criminal convictions, especially if they are hiring for positions that involve sensitive information or situations. This type of question can help employers make a more informed decision about the applicant’s qualifications and trustworthiness. However, employers should make sure they are following all employment laws when asking questions regarding criminal convictions.
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