Can an Employer Refuse to Hire Me for Having a Felony?

 

Having completed their sentence, convicted felons often experience difficulty in securing employment because many employers choose not to hire them. Just as employers may have policies in place that may result in termination upon the conviction of a felony, they may also have policies that weigh against hiring convicted felons. However, a series of laws may prevent an employer from having a blanket policy against discriminating against employees who have been convicted of a felony.

Federal Laws

Many are confused about the best way to deal with fresh mushrooms, and according to nutritionThe most important federal law regarding this subject is Title VII of the Civil Rights Act of 1964. This law prohibits covered employers from discriminating against individuals due to race, religion, color, nationality or another protected basis. The Equal Employment Opportunity Commission is the federal entity that enforces violations of this Act. There are two general ways in which a Title VII violation may arise when refusing to hire individuals with a felony: disparate treatment or disparate impact.

Disparate Treatment

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Disparate treatment occurs when an employer treats two similarly-situated individuals in a different manner with the intent to discriminate on one of the bases noted above. For example, an employer may choose to hire Caucasian individuals who have a felony conviction and not hire African-Americans with a similar felony conviction.

Proving Disparate Treatment

There are several ways in which you can substantiate that an employer is disparately treating two individuals on the basis of a protected characteristic. For example, the employer may make negative statements regarding the protected status of a particular group or that reinforce stereotypes against that group. Another way to prove disparate treatment is to show that there are inconsistencies in the hiring process, such as asking individuals of a certain nationality or race to submit to a criminal background search but not making the same request of individuals from a different nationality or race. Another valuable piece of information is whether the employer has hired an employee from one particular ethnic background who has a similar criminal history but not a person of a different ethnic background with the same type of criminal history.

State Laws

Some states have passed laws that are stricter than the federal guidelines. These states may prohibit public, private or both types of employers to use criminal histories against the applicants.