The Criminal Information and Rehabilitation of Offenders Law recently came into effect. From now on, employers may no longer ask employees or prospective employees to provide information about their criminal records. This includes through an affidavit, declaration, or written questionnaire.
Yes. The prohibition on demanding such information from employees or prospective employees applies even if the employees or prospective employees have agreed to submit their criminal records.
Even if the employer discovers information about an employee’s or prospective employee’s criminal record indirectly, the employer may not consider this information when making a decision about the employee or prospective employee.
Absolutely. The prohibition on demanding that an employee or prospective employee furnish an affidavit, declaration, or written questionnaire regarding his or her criminal record effectively revokes the Supreme Court’s ruling in Rafael Dayan v. Mifal HaPayis. Under that ruling, it was possible, to an extent, to demand that certain candidates provide a declaration on their criminal records. The legal prohibition applies across the board, except for specific...
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