If a job tells you they can't hire you due to your background and hires someone else with a background is that discrimination.

Asked over 1 year ago - Sulphur Springs, TX

The company has also stated that they do not hire people with felonies on their record

Attorney answers (3)

  1. Joel Efrem Cohen

    Contributor Level 10


    Lawyers agree

    Answered . The EEOC, an organization that deals with employment discrimination, has in recent months been advising companies by issuing an updated enforcement guidance on employers use of arrest and conviction records when making employment decisions. In short, the EEOC has advised companies not to issue a blanket policy against hiring those with a criminal background, for arrests without conviction aren't proof of criminal conduct. But the guidance doesn't prohibit the use of criminal background checks. Rather, it urges employers to consider the "nature of the crime, the time elapsed, and the nature of the job” both in writing a hiring policy and in making a specific hiring decision.

    Note that in one recent court case, the EEOC was unsuccessful in dealing with this issue.

    So one suggestion is to always be honest, and list any felony on your application, lest it be used against you if a company were to later find out, and then fire you due to not being honest.

    Good luck to you in obtaining future employment.

  2. Brian Heath Crockett


    Contributor Level 16


    Lawyer agrees

    Answered . Agreed. In the event that you have have a discrimination case, you need to contact the EEOC within 180 days to make a complaint of alleged discrimination.

    Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do... more
  3. Debra Vera Jennings


    Contributor Level 11

    Answered . The issue becomes whether or not you were treated less favourably than another person under nearly identical circumstances. For example, if a Caucasian applicant is old he is not being hired because of a felony theft conviction and a black person is hired in the same poison or similar position with a felony theft or similar conviction . In that example you have a valid reverse discrimination case, failure to hire case. The problem is knowing who is tithe successful candidate and cost associated with litigating the matter. Consult with an employment attorney.

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