Good—and somewhat obvious—news: Job applicants who are not members of a protected class can’t sue for discrimination on the basis that an employer’s hiring practices discriminate against minorities.
Recent case: Richie Levine was passed over for a job as a cashier at a Wilkes-Barre Wal-Mart. He thought he knew the reason—his 2004 guilty plea to one count of attempted dissemination of indecent material to a minor, a felony.
Levine sued Wal-Mart, attacking its alleged policy against hiring anyone with a prior felony conviction for “any sex crime of moral turpitude or sexual violence.” That policy, he argued, had a disparate impact on racial minorities because they are more likely to have been convicted of a felony.
The court acknowledged that under the right circumstances, a hiring policy that has a disparate impact on a protected group might be illegal if the policy was not consistent with business necessity. But it dismissed this case, reasoning that even if the practice was illegal, Levine was not a member of a minority group. (Levine v. Wal-Mart, 4:08-CV-114, MD PA, 2008)
Final note: Remember that every hiring criterion should pass the “consistent with business necessity” test. In this case, banning all applicants with sex convictions probably meets that test.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/4427/non-minorities-cant-sue-on-basis-of-minority-discrimination "
- Remedy for discrimination can include neutral references and contact reporting
- Count on being sued if you fire employee who has complained about harassment
- Family that harasses together... gets to go to court together
- Don't be intimidated by sudden disability claim during discipline
- Simplify recruiting on your site with '.jobs' address