Are employers allowed to ask job applicants about their criminal records?

The answer to this question is that employers in West Virginia are allowed to ask job applicants about their criminal records. According to the West Virginia Human Rights Act (WVHRA), employers are allowed to ask job applicants if they have ever been convicted of a criminal offense, provided that the employer does not ask any questions about arrests or charges that did not lead to a conviction. Employers can also ask for a criminal background check to verify any information that the applicant provides. However, the employer is not allowed to discriminate against applicants on the basis of their criminal records. That means that employers must consider all applicants on their qualifications for the job and not on any conviction in the applicant’s past. Furthermore, an employer cannot use criminal records in any manner that would restrict the applicant’s employment opportunities needlessly or in an arbitrary or capricious manner. In other words, employers in West Virginia must consider each applicant’s qualifications and criminal record separately, and cannot make blanket decisions to reject applicants due to their criminal records.

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