Job Candidate Discriminated Against Because of Criminal Record

The Australian Human Rights Commission (AHRC) has tabled a report in Federal Parliament setting out its finding that an employer discriminated against an applicant for a market analyst position on the basis of his criminal record. The applicant, who had previously worked for the employer, had two drink-driving convictions. The applicant failed to disclose one of the offences to the employer. Despite being the preferred candidate and meeting the selection criteria, the employer did not offer employment to the applicant, on the basis that he was incapable of performing the inherent requirements of the position, including complying with the employer’s drug and alcohol policy. The AHRC held that there was “no tight or close connection between the inherent requirements of the job and the exclusion of (the applicant) from employment”. The absence of a criminal record was not an inherent requirement of the position and the applicant was not required to drive or engage in “safety critical” activity. The AHRC found that the applicant’s failure to disclose one offence was “irrelevant” because this wasn’t the reason for the employer’s decision not to hire him. The AHRC recommended that the employer pay the employee $7,500 in compensation for hurt, humiliation and distress.

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Posted Under: Australia

Post By Barry Nixon (262 Posts)

W. Barry Nixon is the COO, PreemploymentDirectory.com the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.

In addition, Barry is a past recipient of the elite ‘Top 25 Influential People in Security’ by Security Magazine and past Co-Chair, International Committee for the National Association for Professional Background Screeners (NAPBS). He currently serves as a Global Ambassador for NAPBS.

You can contact Barry at 1-949-770-5264 or online at wbnixon@preemploymentdirectory.com