Criminal record checks in the workplace

▤ Summary

While this process may cause stress for employees, it is generally conducted to ensure the individual is most suitable for the position, and that it would not pose any sort of risk, or concern the employer, workplace, or others. Privacy, human rights and regulatory laws govern the rules of background checks in Canada. The below factors are the most emphasized requirements that apply to all types of record checks: Consent must be provided by the individual who is being asked to provide a police records check for the first time; the individual subject to the record check has the right to view the contents of their results to confirm they are correct before they can be asked to share the results with the employer; except, in a situation where the individual self-discloses their results. In this case, an employer can refuse to hire someone based on a record of offences only if it is deemed that it is reasonable and justified in accordance with the duties and circumstances of the job. Few examples are outlined below, for further understanding: • A truck driver with serious or repeated driving convictions • A teacher who works alone with children who is convicted of child sexual abuse in a school setting To protect employees’ human rights, employers should only ask job applicants and employees to disclose specific criminal record information if they have identified that certain criminal convictions or offences are related to the fundamental requirements of the job.

▦ Linked Companies

First Reference

$1M to $5M