Asking About a Prospective Employee’s Criminal Past? Think Twice During Application Process – Ohio Restaurant Association

In an article published online by the Ohio Restaurant Association on Feb. 8, 2017, Jeff Stankunas and Carrie Gutowski provide insight on the legal considerations that restaurant owners and managers should recognize when interviewing job applicants with a criminal history.

While it may be an employer’s first reaction to discontinue the interview process, this could result in discrimination claims being brought against the business. At the federal level, employers are barred from considering criminal history of applicants by the Equal Employment Opportunity Commission (EEOC). In Ohio, public businesses are prohibited from asking about criminal background on applications. “Employers should familiarize themselves with federal, state and local laws on criminal history inquiries,” Stankunas and Gutowski advise in the article.