FIND A CONTRACTOR BUYER'S GUIDE
BECOME AN INDUSTRY PARTNER
MCAA Logo
MEMBER LOGIN JOIN
NEWS
World of Concrete 2026 Competition Results ↗

HR Question of the Month: Arrest Record

Words: Lisa Hagenson

Question
As a last step in our hiring process, we require a candidate to pass a background check after they have been interviewed. Recently, a background check came back with an arrest listed. Are we allowed to turn down the candidate due to the arrest?

Answer
Employers can consider criminal records when they make the final decision about hiring. An employer considering criminal records in hiring decisions should assess whether the record is relevant to the job. An employer can assess the relevance of a person’s criminal history and how it relates to the risks and responsibilities of the job. The employer’s hiring decision should accurately predict who will be a responsible, reliable and safe employee.

However, arrest records are treated differently. An employer cannot refuse to hire people simply because they have been arrested. The fact that a person was arrested is not proof they committed a crime. That said, there are situations where an employer can explore the person’s conduct leading to the arrest and ask them to explain the circumstances. The employer can then decide whether the conduct is a reason not to hire the person or to make another employment decision.

Employers should also be aware of other laws they may need to comply with. For example, when an employer runs background checks through a company in the business of compiling background information, the employer must comply with the Fair Credit Reporting Act. In addition, several states have enacted laws, commonly known as “Ban the Box” laws, that limit employers’ ability to seek and use information about job applicants’ criminal histories. These provisions generally prohibit employers from automatically disqualifying applicants based on their criminal background. Given the complexities, employers should work with local counsel to ensure their hiring processes comply with all applicable laws.

About: MAP Partner
 0
Brick Jointers: Purpose, Patterns, & Practical Applications
January 2026

After leads have been built and bricks have been laid, it’s crucial to tool the joints before the mortar sets. The tool of choice for this task is a brick jointer, but it can be tricky to decide which one to use. This guide will walk through the purpose o

Mackenzie Claassen
Technical Talks
Read More
Laying It Straight: Line-Holding Accessories for Masons Who Demand Precision
January 2026

When it comes to laying brick, block, or stone, nothing replaces a good line. A tight, true mason’s line is the backbone of straight courses and clean elevations, and the hardware holding that line is every bit as critical. Bon Tool’s lineup of Line & Lin

Paul Bender
Technical Talks
Read More
The Importance of Eye Protection in Masonry
January 2026

There are few stereotypes more iconic than the image of a construction worker wearing a hard hat and safety glasses. Protective glasses are among the most common items worn by workers in the masonry field, second only to the hard hat. According to OSHA, w

Justus Everett
Safety Library
Read More
2026 Skills Challenge and Fastest Trowel on the Block Winners
January 2026

Convention
Read More