Tucson is making changes that will limit criminal history as a consideration when it comes to hiring employees, reports The Associated Press.
The city recently became the first municipality in Arizona to remove questions about criminal history from the city’s online job application form. Interim City Manager Martha Durkin made the decision about a month ago after meeting with groups, including the William E. Morris Institute for Justice.
Durkin decided the question on criminal history was too broad and it was near the start of the application, which could have dissuaded otherwise qualified applicants from filling out the rest of the application.
Rose Law Group employment attorney DavidWeissman says Tucson’s decision is consistent with a legislative trend among various states and cities across the country that have passed “Ban the Box” laws specifically prohibiting employers from asking about criminal convictions on a job application and delaying any background check inquiry until later in the hiring process.
“Such laws also track the position of the federal Equal Employment Opportunity Commission (EEOC), which has endorsed the removal of questions regarding convictions from job applications since at least 2012. Some jurisdictions have even gone so far as to require employers to demonstrate that any hiring restrictions based on criminal convictions are directly related to the particular job and that all applicants are individually assessed for the position, which is also consistent with the EEOC’s guidance.,” Weissman said.
“While such requirements are not yet the law in Arizona, employers in our state are nonetheless advised to be cautious when using criminal history as a criteria in the job application process and to consult with counsel whenever any questions on this subject should arise.”
