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Q&A with Susan B. Loving: Employers shouldn't ask applicants about past convictions in initial screenings

Susan B. Loving, of Lester, Loving & Davies, discusses how employers should handle screening or hiring convicted felons.
by Paula Burkes Published: February 7, 2013
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/articleid/3752623/1/pictures/1946020">Photo - Susan B. Loving, of Lester, Loving & Davies, P.C.
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Susan B. Loving, of Lester, Loving & Davies, P.C.

Q: Any advice for employers in regard to the hiring process?

A: As a best practice, the Equal Employment Opportunity Commission recommends employers not ask about convictions in the initial screening process, or on job applications. If and when they make such inquiries later in the process, the inquiries should be limited to convictions for which any exclusion would be related to the position in question. The EEOC also recommends employers who are considering screening a potential employee based on a conviction give notice to the individual that he has been screened out, and an opportunity for the individual to demonstrate the exclusion should not be applied due to his particular circumstances. Employers should carefully examine their policies to ensure they comply with Title VII. If they have any doubt about the policy, they should consult legal counsel.

PAULA BURKES, BUSINESS WRITER

by Paula Burkes
Reporter
A 1981 journalism graduate of Oklahoma State University, Paula Burkes has more than 30 years experience writing and editing award-winning material for newspapers and healthcare, educational and telecommunications institutions in Tulsa, Oklahoma...
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