Can I dismiss a job candidate because of something I find in their driving record?

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Dismissing Applicants

Your ability to dismiss a job candidate because of something you find in their driving record depends on the job description, the reason for dismissal, and the laws in your state. If the job entails driving, you can certainly dismiss a job candidate for having a poor driving record.

Driving records may be one of the background searches you conduct when hiring new employees. There will no doubt be times when you discover something in a job candidate’s driving record that you do not like, and perhaps you believe it warrants dismissing them as a job candidate.

The question is, are you legally allowed to do that? The first question you need to address is whether you are legally permitted to access the driving record in the first place as part of a job candidate background search. Federal law permits you to do so, but some states like Washington are more restrictive, only permitting employers to access driving records when driving is part of the job description.

Whenever driving is a requirement of the job, you are naturally permitted to dismiss a job candidate for having a poor driving record. However, many employers review driving records even when driving isn’t part of the job. In states where this is permitted, employers will commonly dismiss a job candidate because they believe a poor driving record is indicative of irresponsible and risky behavior in general.

Some Dismissals are Illegal

Dismissing a job candidate because of other personal information on a driving record is riskier. For example, if you dismiss a job candidate because you discover a disability on their driving record, you may be violating federal and state discrimination laws. Check with your state for specific answers.

Order a Record

If you’re an employer who regularly conducts driving record background searches on job candidates, you can order all your driving records online. Ordering online takes just a few moments and will get you the immediate results you’re looking for.

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