Many employers in New Mexico need to know if a job applicant has a felony background. While this will actually be necessary information for an employer to have, requesting the information during the interview process may give rise to claims of discrimination towards the employer. This article examines the present andres andres moore llp legal malpractice faqs state of New Mexico law on asking job candidates about convictions, describes the EEOC’s recent move toward discovering that disqualifying candidates based on prison historical past can be discriminatory, and advises employers on best practices to keep away from inadvertent discrimination in the hiring process.
Federal, state and local legal guidelines and regulations are quickly evolving concerning employer inquiries into and use of applicant/worker prison records. See Background Check Laws and Regulations and Employment Background Check Blog It is the employer’s duty to remain present with changing legal requirements. Employers should obtain authorized advice concerning their legal obligations, and to ensure that background test documents, policies and procedures are in compliance with relevant native, state and federal legal guidelines and laws.
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