Be upfront with your new employer about your past

Johnny C. Taylor Jr., a human resources expert, is tackling your questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world’s largest HR professional society.

The questions are submitted by readers, and Taylor’s answers below have been edited for length and clarity.

Question: Should I disclose my reckless driving charge to my new employer since it’s going to show up on my background check and motor vehicle records check? I really want this job and feel I should share this after I submit the background check. – Anonymous

Johnny C. Taylor Jr.: Trust your gut. I think your instinct got this right because in virtually every case, honesty is truly the most mature and professional approach.

In this case, if the employer will conduct a motor vehicle check, then it’s best to be upfront and disclose this information from the get-go. This would be especially smart if driving is central to the duties of this job you mentioned.

By offering this information in advance, you have an opportunity to frame the event and explain the circumstances. That might sound counterintuitive – but it’s strategic.

Just imagine what will happen if you don’t disclose it, and they find out. That revelation would raise a lot of questions in their mind that you won’t be able to answer; instead, they’ll spend time speculating and, unfortunately, judging your character.

If the charges are still pending, the hiring manager may even take this into consideration and decide to bring you on board based on your skill set. By being upfront, you’re showcasing two very important soft skills all employers look for: Honesty and integrity.

Of course, you could keep quiet and hope for the best. Maybe it won’t come up! That’s possible but it also means abandoning your power to shape the conversation. In contrast, by boldly disclosing your mistake, you not only neutralize the past, you are also – by your actions – telling them something about your character today: You own your decisions.

To be clear, there is no need to or fixate upon this mistake. But, if you feel the charge could cause this opportunity to slip through your fingers, it would be wise to air it out yourself rather than let it get dug up later.

We all make mistakes and many great employers out there are willing, and eager, to give second chances if they appreciate what you learned and how you handled the situation. Good luck!

Q: Is it legal for an employer to ask questions about mental health on a job application? Are there Americans with Disabilities Act restrictions? – Anonymous

Taylor: Thank you for submitting such a timely question. With 1 in 4 workers frequently feeling down, depressed, or hopeless, the pandemic has taken a psychological toll on workers and employers alike.

In general, no: Employers cannot ask about your personal health on a job application. Not only is it inappropriate, but it could be considered a violation of the Americans with Disabilities Act.

According to the Equal Employment Opportunity Commission (this federal agency enforces the ADA), employers are prohibited from making medical or disability-related inquiries of applicants, whether verbally or in writing, before making an offer of employment.

It’s also important to note that even if an applicant were to request an accommodation for a mental health condition, that does not mean an employer can then inquire about that disability. That said, it does provide the employer permission to request documentation from an appropriate medical care professional about the condition as it relates to the hiring process.

I know that’s a seemingly slight distinction. It is critical because such a verbal request would be a breach of confidentiality, where the documentation would go through the proper channels which protect employee privacy.

I’ll add this: Reducing mental health stigma in the workplace is critical. And so is the provision of resources to support employees’ well-being. Don’t be afraid to ask about these benefits, such as employee assistance programs, while searching for a job. In fact, nearly onethird of employers plan to increase mental health benefits for employees in response to COVID-19.

The job application process can be strenuous: Know that your mental health is not – and should never be – a liability.

Many great employers are willing, and eager, to give second chances if they appreciate what you learned.