Job Discrimination Fact
"Have you ever been arrested?”
You are innocent until proven guilty; therefore, it is illegal for an interviewer to ask if you’ve ever been arrested.
Fair questions: Employment applications often include questions about felony convictions, along with a disclaimer saying that a conviction won’t necessarily remove you from consideration.
In accordance with U.S. Equal Employment Opportunity Commission (EEOC) policy, employers must weigh a variety of elements when factoring convictions into hiring decisions. These include the nature and severity of the offense, the time that has elapsed, and whether the offense has any relation to the position advertised.