Bakcground Check/Dismissed Without Prejudice

[ssmithw]

I'm an employer in DC hiring for a driving position. A check on a potential hire turned up a few instances of drug possession "dismissed without prejudice." Is it legal for me to consider those during my hiring process?

 

[seniorjudge]

I'm an employer in DC hiring for a driving position. A check on a potential hire turned up a few instances of drug possession "dismissed without prejudice." Is it legal for me to consider those during my hiring process?

double post

 

[Some Random Guy]

1. Make sure that you are consistent in how to handle these situations so that you are less likely to be accused of discrimination in hiring practices.

Some people suggest that you avoid using these arrest records since minorities are more likely to be arrested, possibly making the policy discrimintory.

2. You are not obligated to give applicants detailed reasons for not hiring them.

3. You may be better served with pre-employment and random drug screenings.