Conducting criminal background checks (Legal view)

Can employers refuse to hire a worker if he refuses to submit to a background check?
By Stuart Rudner
|Canadian HR Reporter|Last Updated: 08/04/2006

Employment lawyers are often asked whether an employer can conduct a criminal record check before hiring prospective employees.

If the employer is asking, the question is typically: “Can we insist the employee disclose a criminal record and refuse to hire them if they don’t?”

If it’s the employee asking (if they have something in their past that they are concerned about), they will typically ask whether human rights legislation or some other law gives them the right to refuse the criminal record check without sacrificing the job opportunity.