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- Can you disqualify a candidate with a felony?
Can you disqualify a candidate with a felony?
- By Alice Bumgarner, Moderator
- 10/8/2009 - 4:21pm
- Office management , Admin Pro Forum
Alice Bumgarner, Moderator
Alice Bumgarner, editor of Administrative Professional Today and contributing writer for Executive Leadership, has been writing about workplace and family issues for 13 years. Her articles have appeared in dozens of publications, including http://Salon.com, http://MSN.com, Continental magazine, Southern Living and Town & Country. She lives in Durham, N.C., with her husband, two daughters and dog Milo.
Submit a question for the Admin Pro Forum at Admin-Pro@NIBM.net.
Question: “Is there a law that a company cannot disqualify a candidate because of a felony charge?“ — Irma
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11 Responses to "Can you disqualify a candidate with a felony?"
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said this on 08 Oct 2009 5:20:42 PM EDT
It would depend on the type of felony and conviction or if you have received deferred adjudication. Did you receive a felony deferred adjudication, felony probation, a straight conviction and how long ago it occurred. If felony deferred adjudication have you completed the term, if so then I would speak to an attorney for a notice of non-disclosure that would assist in certain employers not having that information and you not having to list it on an application. Medical, schools, Law enforcement/legal type positions yes they can deny you employment based on the face you have a deferred adjudication or a straight felony conviction but I would check with the state you reside in.
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said this on 09 Oct 2009 2:20:26 PM EDT
Absolutely, especially in certain fields such as retirement communities, schools, etc. I know for certain they have a no felon policy -- no exceptions. This is for the safety of everyone!
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said this on 09 Oct 2009 2:26:25 PM EDT
Note, a felony charge (indictment) is not the same as a felony conviction. It is not legal to ask a candidate about ever being arrested or charged. Depending on the job and the work location, it can be appropriate or even legally required to bar a convicted felon from employment.
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said this on 09 Oct 2009 2:36:30 PM EDT
It will depend on the type of position the felon applies for, and the state s/he lives in. If there is a "rational relationship" between the person's background/history and the position applied for, a company may have adequate reason to deny that person a particular job. Here's two examples: 1. A person has a history of DUI charges, and is applying as a driver. 2. A person has a history of theft and is a applying as a bank teller. My suggestion: Get some legal advice.
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said this on 09 Oct 2009 2:42:39 PM EDT
Yes. Employment applications ask if you have ever been convicted of anything other than a minor traffic violation - yes, this is legal. If you lie and they find out you will be disqualified or can be fired later if found out after hire. I don't know any employer that does not require a background check/investigation including a credit check. These clearly state that this type of info can be used to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which you are being evaluated. Example - you're not going to want to hire someone who robbed a bank to handle your company money or someone with poor credit could be considered risky because you don't know what extremes they may be tempted to take to help themselves. Or you don't want to hire a registered sex offender to work at your school. It all depends on the position they're applying for and for your company to carefully evaluate if there may be a risk involved.
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said this on 09 Oct 2009 2:50:31 PM EDT
In Hawaii, it's illegal to use credit history (including bankruptcy) to deny someone a position. Folks might want to check the laws in their own states.
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said this on 12 Oct 2009 2:04:50 PM EDT
I'm not sure. You should check with your state's employment guidelines.
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said this on 14 Oct 2009 10:26:58 AM EDT
There is NO LAW that says this. It is only company policies.
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said this on 12 Jul 2010 7:53:44 PM EDT
law was in Hawaii went into law July 1, 2009
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said this on 20 Oct 2009 1:53:03 PM EDT
To Fellow Admin Assist-Companies also need to keep in mind that a Felony Deferred Adjudication is NOT a conviction and if on the application it states have you ever been convicted the applicant appropriate answer would be "No" because if the person completes the requirements of DA they would not have a conviction on their record. The arrest would be there but not the conviction. Not all states allows for credit history checks to be considered as part of their employment screening. There are laws about hiring convicted felons for certain type of positions but you would have to check with your State. And from expereince, just because someone has a clean background does not nessary mean theywould not steal it may mean they just have not been caught yet.
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