Legal Question in Employment Law in California
Employment Applications - Conviction of DUI
A recent law school graduate responded on the application that he had plead guilty to a DUI while in law school. He further indicated that his travel was limited to downtown Los Angeles and that he ''wanted'' to work in downtown area because it was easily assessible to public transportation. I did not ask him about any of the cirucumstances surrounding the conviction. On the surface it would appear that he would be a good candidate for temporary assignments. But there were come odd things about his behavior during the interview that signaled a red flag. I respect his honesty but I still have a gut feeling that something is not right. Can I legally ask about the conviction or obtain more details about whether the DUI was alcohol or drug related through the court system?
1 Answer from Attorneys
Re: Employment Applications - Conviction of DUI
Of course, you may legally ask about the details of any criminal activity which may be relevant to your employment decision or may affect the potential employee's performance in the job. There is no prohibition aagainst discriminating between applicants based on criminal records and activities. It would be particularly reasonable for a law firm to question whether an applicant, who at the time of a criminal conviction was studying to become an officer of the court, understood and was willing to comply with the law.
You certainly may ask any questions in that regard which you deem relevant to the applicant's qualifications for the job. The applicant may also decline to answer them, which may be most telling about this individual's character.
Good luck.
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