Compliance with HANO's Criminal Background Policy
HANO reaffirms its commitment to offering employment opportunities on HANO-funded projects to qualified applicants with criminal convictions.
When contractors hire employees to fulfill contractual obligations to HANO and to work at HANO job sites or on HANO premises, they must adhere to HANO’s Criminal Background Policy Statement. In the hiring of those employees, contractors may not apply hiring standards that are more exclusionary than those outlined in the Policy Statement.
No applicant for employment will be automatically barred from employment on a HANO-funded project at a HANO job site or on HANO premises because of his or her criminal background. Instead, any criminal conviction must be evaluated in its full context, including a consideration of the nature and gravity of the conviction, the amount of time that has elapsed since the conviction, and the nature of the job sought, among other factors, unless Louisiana or federal law specifically prohibits hiring a person with that particular conviction for that particular kind of work. Arrests that did not lead to a conviction must not be considered unless the case is still pending.
In order to comply with the Policy, HANO recommends that contractors subject to the Policy adopt the following Best Practices:
- Develop a tailored written policy and procedure for screening applicants for criminal conduct. This policy should not exclude applicants based on a criminal record alone, but should consider:
• The relevance of the conviction(s) to the position sought;
• The nature of the work to be performed;
• The time since the conviction(s);
• The age of the applicant at the time of the offense(s);
• The seriousness and specific circumstances of the offense(s);
• The number of convictions;
• Evidence that the applicant performed the same type of work, post-conviction, with no known incidents of criminal conduct; and
• Any relevant evidence submitted by the applicant regarding his or her conduct post-conviction.
- Remove questions about criminal histories from your job applications and do not inquire into an applicant’s criminal history until you have determined that he or she is a finalist for the position.
- Run criminal background checks only from credit reporting agencies that comply with the Fair Credit Reporting Act.
- When there is information in the criminal record that is of concern, conduct an individualized assessment of the applicant, using HANO’s “Contractor Guidelines for Evaluating Job Applicants with Criminal Convictions” and “Applicant Criminal History Evaluation Form.”
- If you are considering not hiring a person due to a criminal conviction identified in his or her criminal record, then FCRA requires that you provide the applicant with an in-person opportunity to explain or dispute the conviction(s) before you make a hiring decision (a “re-interview”). Be sure to provide the applicant with all legally-required notices under FCRA.
- FCRA prohibits you from telling others within or outside the organization about applicants’ criminal histories, except on a need-to-know basis. For all applicants, including those you decline to hire, retain a copy of the criminal record, the completed “Applicant Criminal History Evaluation Form,” and any other confidential applicant information in a secure place.
HANO has also drafted guidelines and a worksheet to help contractors subject to this policy comply with its letter and spirit.
Applicant Criminal History Evaluation Form
Contractor Guidelines for Evaluating Job Applicants with Criminal Convictions