Should employers be allowed to ask prospective employees about their criminal record?

[allvol123]

So, no questions are off limits coming from a prospective employer?

I think not. The PE has a right to get up and walk out and find another job. If the guy is just asking outrageous questions that are offensive or rude or something else, then I am sure his behavior will also run through his company. Which in turn will probably make his business suffer at some point.

 

[GAVol]

Clearly there are some questions that should not be asked.

 

[allvol123]

Clearly there are some questions that should not be asked.

Should not and cannot are 2 different things. Sure there are some questions you should not ask, you would do this because you should have ethics and class and morals. Cannot I don't agree with, the employer should have the right to be an idiot if he wants.

 

[therealUT]

Clearly there are some questions that should not be asked.

Why make it reasonable to ask about a criminal record (in which a sentence has clearly been served), however, unreasonable to ask about the following things:
have you committed adultery?
how often do you gratify yourself?
have you ever blacked out from drinking?
etc., etc.

There are clear arguments about how these answers could apply to potential job performance, however, I doubt any of you would want to be asked such questions nor would you ask such a question in an interview.

 

[therealUT]

Should not and cannot are 2 different things. Sure there are some questions you should not ask, you would do this because you should have ethics and class and morals. Cannot I don't agree with, the employer should have the right to be an idiot if he wants.

Some are not idiotic. As an employer I would rather hire an ex con than an adulterer. At least I know I can probably trust an ex con in a lot of situations. However, I do not believe I could trust someone who cannot even remain faithful to their wife.

 

[GAVol]

Why make it reasonable to ask about a criminal record (in which a sentence has clearly been served)

But don't we know beyond a shadow of a doubt that people who have committed crimes are much more likely to commit other crimes? Why should criminal record suddenly be protected like health information? To me it's apples and oranges.

 

[allvol123]

Why make it reasonable to ask about a criminal record (in which a sentence has clearly been served), however, unreasonable to ask about the following things:
have you committed adultery?
how often do you gratify yourself?
have you ever blacked out from drinking?
etc., etc.

There are clear arguments about how these answers could apply to potential job performance, however, I doubt any of you would want to be asked such questions nor would you ask such a question in an interview.

You are right, I would not want to be asked those and would not ask them myself. That being said, I feel if a person wants to say idiotic things he should be able to say them. If he thinks these questions you pose but is not allowed to ask them, I never knew he was thinking them. If he asks them to me, I know I do not want to work for this company.

 

[allvol123]

Some are not idiotic. As an employer I would rather hire an ex con than an adulterer. At least I know I can probably trust an ex con in a lot of situations. However, I do not believe I could trust someone who cannot even remain faithful to their wife.

I am still agreeing with what you are writing, but I still see no reason to prevent a person from uttering the words they feel they need to speak, even if they are offensive or irrelevant. They are just exposing their thought process. Which could be beneficial to you as the PE.

 

[therealUT]

But don't we know beyond a shadow of a doubt that people who have committed crimes are much more likely to commit other crimes? Why should criminal record suddenly be protected like health information? To me it's apples and oranges.

I am all for the publicity of work history, as it applies to future work. Therefore, if you operate a day care and you are hiring someone, you call their previous employer. When that employer says, "We fired him because he was caught molesting the kids here," then you tell the person they are not going to get the job. However, if you are hiring someone to keep your books for you and they have previously served time for aggrivated assault, I do not see how that relates to the task you are hiring them for.

 

[therealUT]

You are right, I would not want to be asked those and would not ask them myself. That being said, I feel if a person wants to say idiotic things he should be able to say them. If he thinks these questions you pose but is not allowed to ask them, I never knew he was thinking them. If he asks them to me, I know I do not want to work for this company.

Why are these questions idiotic? The answers to those questions could tell an employer a lot about you and your work ethic.

 

[allvol123]

Why are these questions idiotic? The answers to those questions could tell an employer a lot about you and your work ethic.

I am not calling your questions idiotic, I am saying any question is ok with me. The interview is a 2 way street. The PE can learn plenty from an employer that feels free enough to ask anything. The PE can learn in advance that he would not want to work for this person.

 

[therealUT]

I think the problem, and why this is an issue, is that criminal punishment in the US is too light (due to reasons I will not mention here...) However, the irony is, because these sentences are so light, many are put back on the street and repeat their crimes. This leads to a 'lack of redemption' for the handful who serve their time, are released, and do not commit crimes. I know if I was a prisoner, I would rather serve 15 years in prison, knowing that when I got out I had a 'clean slate,' than serve 5-10 in prison, and the rest of my lifetime struggle being accepted in a community, in a place of work, etc.

 

[vader]

I agree. I think sex offenders should spend a minimum of at least 40 years in prison if/when convicted.

If they sexually abused a child, that is about 39 years, 364 days longer than I think they should live.

 

[Vol-In-Bama]

Most definitely. This is a free enterprise market, if you don't fit the mold, I should know up front, and allow you to seek employment opportunities elsewhere.

 

[GVF]

So, no questions are off limits coming from a prospective employer?

Criminal Records are public info. Being able to ask the questions ensures the honesty of the PE if a background check is issued by the company. Doesn't mean the employer won't hire them.

Questions that are off limits: 1. How old are you? 2. How much are you making now? I was being phone contacted by a potential employer, and they were very interested in bringing me in. Extensive mgt. experience, etc... The second conversation, he asked those 2 questions, and I haven't been contacted since.

 

[la.lovesorange]

I say no.

Then you would hate my husbands company!! They do criminal checks, polygraphs, drug tests, and credit checks.:crazy:

 

[GVF]

I am all for the publicity of work history, as it applies to future work. Therefore, if you operate a day care and you are hiring someone, you call their previous employer. When that employer says, "We fired him because he was caught molesting the kids here," then you tell the person they are not going to get the job. However, if you are hiring someone to keep your books for you and they have previously served time for aggrivated assault, I do not see how that relates to the task you are hiring them for.

Yeah, but was that aggravated assault because the other boss told them they needed to get busy. Do you want someone prone to "violence" in a job that can rack your nerves.

 

[GVF]

Then you would hate my husbands company!! They do criminal checks, polygraphs, drug tests, and credit checks.:crazy:

I don't have a problem with any of those except the credit check. I don't have a prblem with those if they are in an inductry where you manage money per se. loan officer, financial advisor, etc. I was laid off twice in 12 months, then unemployed for 5 months. We are still stinging from that. Prior to that my credit was very good. I don't think my hardships should affect my employment if not relevant. I view the criminal thing the same. If it's not relevant to the position, I would not use that as a deciding factor. I would consider it as to hte overall quality of the employee. Not all people who make mistakes go back to them, but I'd have a right to know.

 

[allvol123]

I don't have a problem with any of those except the credit check. I don't have a prblem with those if they are in an inductry where you manage money per se. loan officer, financial advisor, etc. I was laid off twice in 12 months, then unemployed for 5 months. We are still stinging from that. Prior to that my credit was very good. I don't think my hardships should affect my employment if not relevant. I view the criminal thing the same. If it's not relevant to the position, I would not use that as a deciding factor. I would consider it as to hte overall quality of the employee. Not all people who make mistakes go back to them, but I'd have a right to know.

I think the guy doing the hiring has the right to ask it if he wants to. You are under no obligation to answer it.

 

[GVF]

I think the guy doing the hiring has the right to ask it if he wants to. You are under no obligation to answer it.

I think if you want to be taken seriously, you answer honestly and put the burden on the employer.

 

[OrangeEmpire]

Just a side note, when I went through the Ohio Highway Patrol hiring process my brackground packet ended up being 64 pages long. It contained every thing about my from when I was born up until the time the background check was over. Medical Records, Dental, Work History, every place I have ever lived....etc......

I have just started the process for the Kentucky State Police and I completed the pre-background questionaire. It was 32 pages long.........keep in my mind, I have not made it to the background check yet....LOL............they have not added all of the med records and such...heheheheheheh

God Bless America!

 

[GVF]

Just a side note, when I went through the Ohio Highway Patrol hiring process my brackground packet ended up being 64 pages long. It contained every thing about my from when I was born up until the time the background check was over. Medical Records, Dental, Work History, every place I have ever lived....etc......

I have just started the process for the Kentucky State Police and I completed the pre-background questionaire. It was 32 pages long.........keep in my mind, I have not made it to the background check yet....LOL............they have not added all of the med records and such...heheheheheheh

God Bless America!

KSP???? If your brother is also not your father, they won't know how to do your geneology!!!:yes:

 

[OrangeEmpire]

KSP???? If your brother is also not your father, they won't know how to do your geneology!!!

Before we get too carried away, I am my own grandpa!

Many many years ago when I was twenty three,
I got married to a widow who was pretty as could be.
This widow had a grown-up daughter
Who had hair of red.
My father fell in love with her,
And soon the two were wed.

This made my dad my son-in-law
And changed my very life.
My daughter was my mother,
For she was my father's wife.
To complicate the matters worse,
Although it brought me joy,
I soon became the father
Of a bouncing baby boy.
My little baby then became
A brother-in-law to dad.
And so became my uncle,
Though it made me very sad.
For if he was my uncle,
Then that also made him brother
To the widow's grown-up daughter
Who, of course, was my step-mother.
Father's wife then had a son,
Who kept them on the run.
And he became my grandson,
For he was my daughter's son.
My wife is now my mother's mother
And it makes me blue.
Because, although she is my wife,
She's my grandmother, too.
If my wife is my grandmother,
Then I am her grandchild.
And every time I think of it,
It simply drives me wild. For now I have become
The strangest case you ever saw.
As the husband of my grandmother,
I am my own grandpa!

 

[therealUT]

Yeah, but was that aggravated assault because the other boss told them they needed to get busy. Do you want someone prone to "violence" in a job that can rack your nerves.

Again, that is why you check their work history and their prior employment references.

 

[therealUT]

I don't have a problem with any of those except the credit check. I don't have a prblem with those if they are in an inductry where you manage money per se. loan officer, financial advisor, etc. I was laid off twice in 12 months, then unemployed for 5 months. We are still stinging from that. Prior to that my credit was very good. I don't think my hardships should affect my employment if not relevant. I view the criminal thing the same. If it's not relevant to the position, I would not use that as a deciding factor. I would consider it as to hte overall quality of the employee. Not all people who make mistakes go back to them, but I'd have a right to know.

A credit check makes just as much, if not more sense, to me than does a criminal records check. If you are in a dire situation, financially, then the business employing you is at risk of theft.