The Equal Employment Opportunity Commission updated its policy for the first time in 25 years. Your husband should be considered for any job where the reason for his criminal record has nothing to do with the duties of the expectant new job. If the employer can make a Strict business necessity defense (or if the job vis-a-vis the allegation doesn't pass the 'smell' test) then the job will go to another. A bus driver with a bad check - OK. An arsonist at a day care center - NG. Money laundering drycleaner - OK. Money laundering private banker - NG.
Different employers will have different rules. Some employers may also contract with workers where the worker consents to dismissal if charged or convicted of a felony.
I am dealing with a slightly similar case where an employee was terminated after she had already had a background check and then later decided to terminate her based on the background check several months later.
A lot is going to have to do with rules in the business and public policy issues. You need to talk to someone about this - as it can get very tricky based on what the facts might show.
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