Legal Question in Employment Law in Washington

Felony Convictions pertaining to employment

We are a temporary/permanent placement agency and I want to know if legally, on our application, we can ask the following questions. In reference to questions #1 and #2, we do not place driver's on temp assignments, although we refer them to other companies to be hired by said companies.

1. Do you have a driver's license and if so, from which state is it issued?

2. What is your driver's license number?

3. Do you have any felony convictions?

Thank you


Asked on 6/07/01, 5:43 pm

1 Answer from Attorneys
David Black HR Juris, PC

Re: Felony Convictions pertaining to employment

All three questions are fine. The EEOC doesn't like questions pertaining to "misdemeanor convictions" or "arrests" because statistics show that such questions would tend to have a disparate impact on minorites. However, questions regarding felony convictions do not create the same concern.

Remember that if you have a third party do a background check (e.g., criminal history using the driver's license number), you must comply with the Fair Credit Reporting Act and provide proper notices and obtain proper authorizations.

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Answered on 6/28/01, 4:24 pm


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