Earlier quoted context omitted.
> There is absolutely zero reason why HR/recruiting people should have final say on a candidate. I can think of one. If they are responsible for doing a criminal background check, and have found serious criminal activity in the prospective employee's past. That's not to say that some prospective hires can't be rehabilitated; but in certain cases, hiring someone with a criminal background is just too much of a risk, a…
I used to work for a pre-employment background screening agencies. It's illegal to reject someone based on any criminal history as long as the person has not lied about their background. Unfortunately, it's not illegal (federally, with the EEOC, each state may have their own differences) to discriminate by personality test. This is definitely something I saw prevalent in the hiring world: if it isn't outright illegal…
Source? As far as I know, it's legal, but you have to show a good reason to do so, and finely tailored policies, that aren't simply a broad "we don't hire anyone with a criminal record."
There are plenty of cases in which you may, or even may be required by law, not hire someone based on particular crimes on their criminal background check, such as sex offenders for jobs involving children or felonies for people who need to get a security clearance.