Of course, everybody heard of non-discrimination and equal opportunity based on sex, nationality, religion, race and so on. But do you know if employers can discriminate based on criminal background even though the crime cummited or the circumstances under which it was commited have no bearing on the persons ability to do the job?
2006-07-20 16:34:29 · 11 answers · asked by stvenryn 4 in Politics & Government ➔ Law & Ethics
YES ABSOLUTELY
and that is a GREAT thing about this country
I do it all the time. Any felony conviction....ANY....and that person is disqualified from employment at my company.
2006-07-20 16:37:31 · answer #1 · answered by Who cares 5 · 0⤊ 3⤋
I believe that it depends on the business, as well as the offense. For example, you can have a DUI but still be employed in many occupations (and a DUI is a criminal offense). However, if you say robbed a bank at gunpoint, a bank cannot hire you because it deals with money, and that is federally regulated and the banks and financial institutions must adhere to federal guidelines. Also if you have been convicted of stealing cars, it is unlikely you would be hired for a car dealership. Why? Because it is your "credibility"; in other words, you are hired for a job because the business needs help. If the owner cannot "trust" you to handle their business, regardless of what it is, then you will not get hired. Depending on the offense, and if it is possible, spend the money and have the infraction expunged from your record so this is not a problem in the future.
2006-07-20 23:43:54 · answer #2 · answered by D 4 · 0⤊ 0⤋
Yes, they do. In almost every application I've submitted from restuarants to retail to deskjobs, they have a section about your criminal background. They sometimes check up on you to see if everything you said was truthful or if you were trying to deceive them (though you could probably leave the section blank...). I'm sure if an admitted child molestor was applying a day care... they would and could and should discriminate against him or her. Likewise, an convicted serial assaulter who specifies with women probably should not work in the Women's Department at the mall. There could be and should be a level of discretion and caution on the side of the employers whether or not a potential employee would have conflicts with his or her new job and whether it is the right place for him or her.
The community can do the same.
2006-07-20 23:40:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Employers, especially ones with security issues, have the right to discriminate based on criminal history. I don't think Wells Fargo is likely to hire a convicted bank robber. I don't think a daycare will hire a convicted child predator. Communities are a gray area. Depending on the community, they can refuse a person residence for certain crimes.
2006-07-20 23:39:10 · answer #4 · answered by The Apple Chick 7 · 0⤊ 0⤋
I hate to inform you of this but they can. It's really unfair I know because its like they are judging you for one mistake. There are some business though that research your criminal history and will hire you anyway. However you may not be eligible for anything but an entry level postion. Although some places I have worked at have promoted people convicted of robbery to manager. So I guess it all depends on the company. I hope that someone will give you a chance to explain and give you an opportunity to prove yourself. Best of luck.
2006-07-20 23:59:06 · answer #5 · answered by tatooedcowgirl 2 · 1⤊ 0⤋
The answer to both is yes in most states. It is the one kind of discrimination that is legal. Criminal records are public records so there is no expectation or violation of privacy. Many companies even have it written in their bylaws that no convictions are allowed, be it felony or misdemeanor. You can always get a lawyer if you feel you are being treated unfairly, but I wouldn't hold my breath on a win. Check your state and local laws to make sure.
2006-07-20 23:47:02 · answer #6 · answered by welches_grape_jelly 6 · 0⤊ 0⤋
In most situations, if you've been convicted of a felony, most employers won't hire you.
Those other things they can't discriminate against, namely gender, nationality, and race, those are entirely involuntary things. People don't choose to be black, or choose to be a woman, or choose to be from India.
A crime on the other hand, especially felonies, can't be considered involuntary, because you were convicted and you did commit a crime consciously
2006-07-20 23:39:39 · answer #7 · answered by deathbear3 3 · 0⤊ 1⤋
wasn't this country built by a group of Puritans that was banished from England because they were thought of as "criminals"? Its odd how people forget the circumstances in which their forefathers lived.
2006-07-20 23:40:27 · answer #8 · answered by honiebee 3 · 0⤊ 0⤋
here a company can decline you a job if you have bounced checks or owe financial institutions. depends on the job to me. somewhat makes sense. however some places will actually hire you if you dislose what happened, kinda like they give you a chance to explain.
2006-07-20 23:38:47 · answer #9 · answered by truthhurts 3 · 0⤊ 0⤋
Yes, It gives an insight to the persons character.
2006-07-20 23:39:13 · answer #10 · answered by Dr. Bugly 4 · 0⤊ 0⤋