Hiring People with Felony Convictions: Top 5 FAQs for Small Businesses

As a small business owner, you may be wondering how to navigate the hiring process when it comes to individuals with felony convictions. It's a common concern, but it's also important to understand the legal implications and best practices for hiring these individuals. In this article, we'll answer the top 5 FAQs for small businesses hiring people with felony convictions.

FAQ 1: Can I ask about a felony conviction during the interview process?

Yes, you can ask about a felony conviction during the interview process, but you must do so in a way that is consistent with the Americans with Disabilities Act (ADA) and the Fair Credit Reporting Act (FCRA). You can ask about the conviction, but you cannot ask about the details of the conviction or the individual's criminal history.

FAQ 2: Do I need to provide reasonable accommodations for individuals with felony convictions?

Yes, you may need to provide reasonable accommodations for individuals with felony convictions, just as you would for individuals with disabilities. This could include providing a modified job description, modified work schedule, or other accommodations that would allow the individual to perform the job duties.

FAQ 3: Can I deny employment to an individual with a felony conviction?

Yes, you can deny employment to an individual with a felony conviction, but you must do so in a way that is consistent with the ADA and the FCRA. You cannot deny employment based on the individual's criminal history alone, but you can deny employment if the individual's criminal history is relevant to the job duties.

FAQ 4: Do I need to conduct a background check on an individual with a felony conviction?

Yes, you can conduct a background check on an individual with a felony conviction, but you must do so in a way that is consistent with the FCRA. You cannot conduct a background check without the individual's consent, and you must provide the individual with a copy of the background check report.

FAQ 5: Can I require an individual with a felony conviction to disclose their criminal history?

Yes, you can require an individual with a felony conviction to disclose their criminal history, but you must do so in a way that is consistent with the ADA and the FCRA. You cannot require an individual to disclose their criminal history without providing a clear explanation of why the information is needed and how it will be used.

By understanding these FAQs, small business owners can navigate the hiring process for individuals with felony convictions and make informed decisions about employment.