Lawyer Monthly - December 2021 Edition

responsibilities. • Whether the record affects the applicant’s ability to perform one or more job duties; • The time since the alleged or convicted crime occurred (not the date of the arrest or conviction); • The applicant’s age when the alleged or convicted crime occurred. (If they were 25 or younger, that is a mitigating factor that weighs in their favour; • The seriousness of their alleged or convicted conduct (possession or sale of a controlled substance is not considered particularly serious in this context); • Evidence of their accomplishments, such as rehabilitation or good conduct; • The employer’s interest in protecting people and property; • If the applicant has a certificate of relief from disabilities or a certificate of good conduct, the employer must presume that they are rehabilitated. The employer has to write this analysis down. Before taking away a job offer, the employer must give the applicant an opportunity to respond. If an employer is considering not hiring an applicant because of their record, the applicant still has rights. The employer must give the applicant a written copy of its initial Fair Chance Analysis and a copy of the criminal background check. The employer also must hold the job open for at least five business days after it provides the applicant that information so they can respond. This gives the applicant a chance to set the record straight. If there are errors in the background check, the employer should be told. If the applicant has evidence of good conduct or rehabilitation, they should submit it. After the employer receives the response, it must complete the Fair Chance