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So as an employer, you now have the results of an applicant's police check in hand. And note that the individual has a criminal record.
What do you do?
We have found that the majority of people don't have a criminal record, or negative contacts with police. However, a small number of your applicants may have a record of conviction.
The existence of a criminal record should not automatically disqualify an applicant from obtaining a paid or volunteer position with most organizations. You must take several factors into consideration, such as the age of the conviction, the type of offence, and in particular, whether or not this information is truly relevant to the position you are offering.
Among many things, the Ontario Human Rights Code stipulates that you cannot discriminate against somebody on the basis of a 'record of offence'. This includes criminal convictions.
If you deny someone an employment or volunteer opportunity based on information relating to a criminal record, you may be required to defend your decision by demonstrating the relevance of this information to the position being offered.
A criminal record should not be an absolute barrier to a position unless it has direct relevance to the responsibilities of that position.
In all cases where criminal record information exists, you should be asking additional questions of the applicant to allow them to explain the circumstances that led to the offence, and help to put things in better perspective. You might speak with their references, ask the applicant to provide you with a copy of the police incident report to give you all the facts, and to do further consultation to help you determine whether or not these records would have a truly detrimental effect on this person's ability to fulfill the position.
It is expected that employers treat criminal record information responsibly, keep things in perspective, and ensure decisions are defendable, based on what's fair, and what's right.