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ArrestsFiled Under: General

This is one example of an inappropriate question: “Have you ever been arrested?”

Although no specific federal laws prohibit inquiries about arrest records, several states have enacted legislation that would make this kind of question unlawful. Questions concerning a candidate’s arrest record have been held to have an adverse discriminatory impact upon certain
segments of the population. Under the disparate impact theory, questions about a candidate’s arrest record could become the basis of a lawsuit for discrimination under Title VII of the Civil Rights Act of 1964.

While asking about the arrest record of a candidate for employment is risky business, employers may usually ask whether a candidate has ever been convicted of a crime. But be sure to check with your organization’s attorney to determine whether the laws of your state may prohibit inquiries about an individual’s conviction record, or whether state law limits the period of inquiry to a fixed number of months or years from the date of application.

Taken From: 10 Minute Guide to Conducting a Job Interview