The law on criminal information and the reintegration of offenders has recently entered into force. From now on, employers can no longer ask their employees or job applicants to provide information about their criminal record. This includes through an affidavit, statement or written questionnaire.
Does the prohibition against requiring information about an employee’s criminal record apply when the employee or prospective employee consents to provide such information?
Yes. The prohibition against requiring such information from employees or prospective employees applies even if the employees or prospective employees have agreed to submit their criminal records.
What happens if I accidentally discover criminal record information?
Even if the employer indirectly discovers information about an employee’s or potential employee’s criminal record, the employer may disregard that information when making a decision about the employee or potential employee. .
Does the criminal information and reintegration of offenders law modify case law?
Absolutely. The prohibition on requiring an employee or potential employee to provide an affidavit, statement or written questionnaire regarding his or her criminal record effectively reverses the Supreme Court’s decision in Rafael Dayan v. Mifal HaPayis. Under this judgment, it was possible, to a certain extent, to require certain applicants to provide a statement of their criminal record. The legal prohibition applies to everyone except certain public sector employers, such as investigative and intelligence authorities, entities and agents involved in criminal proceedings (the Attorney General, general of the armies, courts, probation and parole officers, and so on), and more.
What are the penalties for failure to comply with the provisions of the Criminal Information and Rehabilitation of Offenders Act?
Considering information about the criminal background of potential employees or employees, or requiring information about their criminal history, in making a decision about them is a criminal offense punishable by imprisonment.