Can they just say they will hire no one with a felony no matter what or does it have to depend on what there charge is?
2006-08-07 13:01:41 · 17 answers · asked by Debbie C 1 in Politics & Government ➔ Law & Ethics
It depends on the state, but in most states - it is not illegal.
A business can hire, fire, or make other decisions for any reason (or no reason at all), except to discriminate against a "protected class." In all states, you cannot discriminate based upon race or national origin, nor against women (because of their gender). Some states do not allow discrimination based on sexual orientation. I am not aware of any states where a criminal is a protected class but you would have to check your statutes.
2006-08-07 13:07:35 · answer #1 · answered by robert_dod 6 · 0⤊ 0⤋
The only way they can excuse not hiring someone because of a felony is if the felony one is convicted of is directly related to the job being applied for. Like you were convicted of abuse of the elderly, you will in no way ever get a job as a caregiver for an agency that hires staff for in home care for the elderly. And a person convicted of robbery will never be a teller at a bank.
Anyone that is not hired and can prove that it was due to their felony record, and it is not in direct relation to the job being applied for, has a case for discrimination. That is illegal. But it would take a lot to prove that in a court of law.
2006-08-07 13:11:22 · answer #2 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
It probably depends on what the charge is. I don't know much about felonies or anything like that, but I know they're a lot less likely to hire a felon than someone with a clean record. Just like they're more likely to hire a highschool graduate than a drop out, even if they dropped out in 11th - 12th grade. It's stupid, but it isn't illegal. It's their choice.
2006-08-07 13:06:36 · answer #3 · answered by * 5 · 0⤊ 0⤋
A company can decide who they wish to hire and whether a person with a prior conviction will be included in the new hire pool. The extent unto which this is practiced really depends on the laws of your state. Texas is a right to work state...so therefore employees can do just about anything except discriminate in regards to race, religion, creed...beliefs (you know the spill)
Typically cases are evaluated as they come thru but its not uncommon for certain type of companies to rule out felons as well as people with bad credit.
It's basically the company, the hiring manager or the HR manager's judgement call.
I worked in Human Resources for several years and we analyzed each case as it rolled across the desk. It wasn't uncommon for us to hire a person with a record and it wasn't uncommon for us to turn a person with a record away. It really depended upon the nature of the crime, how far in the past it was and what type of job the person was applying for.
For example, it is very common for armored car companies to screen applicants for a criminal record as well as a credit check. But can you blame them?
Companies pick and choose...and they have this right.
2006-08-07 13:12:37 · answer #4 · answered by The First Lady 5 · 0⤊ 0⤋
Most businesses when you apply state right on the application that the business has the right to deny jobs because of any reason. And most businesses have a criminal record section in their application. If you lie on that application and they find out about it later, you can be terminated for falsifying information. Some companies will hire felons depending on the crime. But the best thing to do is to be 100% honest because if you aren't, it will eventually come back to haunt you.
2006-08-07 13:20:45 · answer #5 · answered by jmk_jenmarie 3 · 0⤊ 0⤋
The only illegal ground for NOT hiring are:
1) because of sex,
2) because of race,
I believe all other reasons, even so minor as physical appearance, are legal. That is federal. States, and in some cases even cities, can then create additional laws about this, so you'll have to check with your local employment laws.
2006-08-07 13:07:32 · answer #6 · answered by diamondspider 3 · 0⤊ 0⤋
In the the united states it is NOT illegal to not hire any individual that has any felony. Just as tough with Misdemeanors. They can just say some one is more qualified.
2006-08-07 13:07:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Of course it's not illegal. That's one of the reasons committing a felony is a bad idea. It's harder to get people (such as potential employers) to trust you. You CAN make a life and start over, it's just going to be tough. You may have to start out doing hard labor like digging ditches.
2006-08-07 14:28:56 · answer #8 · answered by scruffycat 7 · 0⤊ 0⤋
They can, legally, refuse to hire anyone with a felony.
2006-08-07 13:05:55 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I could understand if you had a sheet a mile long and dependent on the crime(sort of). It is not right to punish for the rest of someone's life . You should look around for some organization that helps ex-offenders. Good Luck to you.
2006-08-07 14:36:37 · answer #10 · answered by Anonymous · 0⤊ 0⤋