If job ads state that they won’t hire people with misdemeanors or felonies, aren’t such blanket policies illegal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If job ads state that they won’t hire people with misdemeanors or felonies, aren’t such blanket policies illegal?
These are jobs that have nothing to do with the 3 misdemeanors on my record, they’re all general labor, such as warehouse workers or roustabouts. What kind of action can I take and do I have to actually apply and be denied first in order to take such action? Can I sue?
Asked on August 5, 2012 under Employment Labor Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You have no legal right truly to sue whether you applied or otherwise. A private company can disallow someone with a criminal record from being hired; that is up to the policy of the company as long as it is not discriminatory based on the traditional and legally recognized categories of discrimination (think pregnancy, race, disability). You can certainly apply but I am unsure if you are going to have a legally recognizable claim if you are not hired.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of most states in this country such an overt act of prejudice against someone who has been convicted of a crime is illegal. When one has served time and paid his or her dues to society, he or she should be entitled to a new start. I suggest that a labor attorney be consulted about what you have written about.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.