Is it legal/illegal to not hire based on 'involvement in a loss prevention investigation'?

I have read that it is illegal to ask questions based on arrest records but legal to ask questions about convictions.
Since the charges were mediated and dropped is it then discrimination to ask this question because it leads to my arrest record and not my conviction record?

1 answer  |  asked Jul 31, 2010 12:28 PM [EST]  |  applies to North Carolina

Answers (1)

Reagan Weaver
I am not aware of any law that actually prohibits asking about arrest records; however, it was and is a bad practice because making decisions on the basis of arrest records would have a disparate impact on any group of applicants that tends to be arrested without probable cause.

If you belong to a minority group that has this kind of a problem, then you might consider filing a charge with the EEOC. Alternatively, or in addition, if you have but this one charge on your record, you might be able to have it expunged. It is my understanding that you would, after expungement, have the legal right to say that you had not ever been arrested. That sounds like the best to me.

posted by Reagan Weaver  |  Aug 1, 2010 09:26 AM [EST]

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