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So as an employer, you now have the results of the applicant's police check in hand. And that individual has a criminal record.
What do you do?
We have found that the vast majority of people don't have criminal records, nor any negative contacts with police. However, a very small number of your applicants may have a record of convictions.
The existence of a criminal record in itself 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 someone on the basis of a 'record of offences'. This includes criminal convictions.
If you deny someone the opportunity to work with you based primarily or solely 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 they would be occupying.
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 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.
A criminal record should not be an absolute barrier to a position unless it has direct relevance to the responsibilities they will be performing for you.
We are always dismayed when we hear about employers that take on an attitude of "well, if they have a criminal record, I don't want them". That's not only wrong, it's not defendable, and it could be a violation of the person's human rights. You could also be losing out on some great people that would be fantastic contributors to your organization if given the chance.
Please treat criminal record information responsibly, keep things in perspective, and ensure your decisions are defendable, based on what's fair, and what's right.