b'THE PROS OF HIRINGEX-CONSby Steve Watring, Auman, Mahan & Furry M ore and more, employers area criminal recordthat is considered discrimination.Instead, experiencing problems with hiringyou are required to make an individualized determination and retaining good employees.Thisabout whether that record should disqualify the applicant from is especially true for less desirable jobs or jobsthe job.In general, that individualized determination depends at the lower end of the pay scale. on the nature of the conviction, how long ago the conviction (or This is prompting employers to rethink theirrelease from prison) was, and what relationship it has to the job hiring practices.With a shrinking pool ofin question.This individualized determination requirement qualified applicants, you may have to consider people that haveessentially is the governments effort to balance the societal factors less than a perfect recordincluding someone with a criminaldiscussed above, and then impose that balancing on employers as record. a requirement.Before proceeding further, I will start with a disclaimer.SomeThe only thing that I disagree with on the individualized people have strong opinions about whether a felon should ordetermination requirement is the fact that it is a requirement should not be given a jobas a societal issue.The reality is thatinstead of something for each employer to decide on its own.people with criminal records are released into society with limitedEspecially in the current job market, I think that employers can prospects of employment because of those records.That can bemiss an opportunity by not giving meaningful consideration to an tragic for those who have paid their debt to society and want toapplicant with a criminal record.make something of their lives.It is also the reality that some ofDepending on the circumstances, a person with a criminal those same people pose a greater risk to the public.That also canrecord may be a great hire.An employee with a record has limited have tragic consequences.I will leave it to others to deal with thatmarketability.This can result in them valuing their job more great societal dilemma.I am an employment lawyer, and thereforethan an employee who thinks that they can easily get another job am not my clients social conscience.I give businesses legal advicetomorrow, and may be more inclined to job hop.The employee geared to what is best for them.That is my perspective in writingwith a record has a greater incentive to try to please their employer this article. and keep their job.They may have a higher sense of loyalty to First, a little bit about the law.Unless you are in a city or statea company that gave them a chance at a fresh start.I have seen that prohibits it (so called ban the box cities or states) you canall of these things happen in real life.Since statistically most inquire about an applicants criminal convictions (but normallyemployees change employers every few years, these considerations not about arrests that did not lead to a conviction).You alsoshould not be overlooked.Hiring a good worker does not do too can do background checks about those convictions (as long asmuch good if you cant retain them.you comply with the Fair Credit Reporting Act). You cannotIf you read the above paragraph closely, you will see that it is maintain a policy or practice that you do not hire anyone withpeppered with can and may instead of will. You also may 48 www.mrca.orgMidwest Roofer'