Can employers ask job applicants about criminal convictions?

Yes, employers in West Virginia can ask job applicants about criminal convictions, as long as they are not violating any federal or state laws. Employers are allowed to conduct criminal background checks as part of their hiring process, which may require them to ask job applicants about criminal convictions. Employers can also decide whether or not to consider a candidate’s criminal record when making a hiring decision. West Virginia is an “at-will” employment state, which means that employers can make hiring decisions, including decisions based on criminal records, as long as they are not in violation of federal or state laws. Those laws include the Civil Rights Act of 1964, which prohibits employers from refusing to hire candidates based on their race, color, religion, sex, or national origin. It also includes the Americans with Disabilities Act (ADA) and state and local laws that protect individuals from discrimination due to a criminal record. In West Virginia, employers typically ask applicants to list any and all criminal history on job applications. Generally, employers can use this information to deny or terminate employment if a criminal record would be an impediment to employment at the company. Certain criminal records may also disqualify applicants from certain positions or require them to undergo additional screening to be considered for the position.

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Can employers ask job applicants about criminal convictions?

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