The following states prohibit discrimination based on conviction record:

Employers in Hawaii may only consider an applicant’s conviction record insofar as such record rationally relates to the position sought by the applicant.

Kansas law prohibits an employer from refusing to hire an applicant based on conviction record, unless the applicant’s criminal history reasonably relates to his trustworthiness or to the safety and well-being of the employer’s employees and customers.

Under New York law, an employer may not deny employment to an applicant based on conviction record, unless there is a direct relationship between the offense and the position in question, or unless hiring the applicant would create an unreasonable risk to property or public safety.

Employers in Pennsylvania may only consider a job applicant’s felony or misdemeanor convictions if they relate to the applicant’s suitability for employment.

In Wisconsin, an employer can consider an individual’s conviction record only if the conviction is substantially related to the particular job in question. In determining whether a conviction is substantially related, you should consider the circumstances of the conviction compared to the circumstances of the job, and assess whether the propensity to behave a certain way, as revealed by the conviction, is likely to reappear in the particular job in question based on the traits revealed.

Even in states that don’t expressly prohibit conviction record discrimination, decisions based on conviction records that are not clearly job-related could lead to disparate impact claims.

Arrest Record

Because many states prohibit employers from denying employment based on records of arrest, and because arrest records alone are not reliable evidence that a person has actually committed a crime or engaged in misconduct, it is good policy not to consider an applicant’s arrest record when making employment decisions. Some states’ laws do make exceptions, if the arrest is pending.

Criminal Conduct During Course of Employment

In circumstances where it appears that an employee has engaged in criminal conduct during the course of employment – whether or not such conduct resulted in arrest or conviction – termination from employment may be permissible. For example, where it is evident either by confession or the weight of the evidence that an employee has falsified or forged time slips or has assaulted another employee, it would be permissible for an employer to use such conduct as the basis for terminating the employee.