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of reasons. Even if an individual is charged and prosecuted, he or she
is presumed innocent unless proven guilty in a court of law. Therefore,
an adverse employment action based on an “arrest”, in itself, is generally not job-related or consistent with business necessity. But, in some
circumstances, even without a conviction, the conduct underlying an
arrest may make the individual unfit for the position in question. In
those circumstances, the conduct, not the arrest, is relevant for employment purposes. Employers should consider seeking legal advice
before taking any adverse employment action based on the conduct
underlying arrest to ensure compliance with federal law.
An employer’s potential liability under the doctrine of negligent hiring
requires employers to weigh the potential disparate impact of their hiring policies. This should not discourage employers from [