EEOC

I had an interview today I was being interviewed by two managers the first manager was impressed with my credentials he only had some concerns about my background history that I listed on my application, everything went well with first manager time to talk to the second manager. So we walked over to the second managers office, I had to wait outside until the first manager went over a few things with him. Well he wouldn’t even talk to me seeing i had a felony on my background he told the other manager to tell me he doesn’t hire felons he wouldn’t even give me chance to explain or anything it was a first time offense i served no jail time. so the first manager said he pleaded with the second manager that i was a good fit for the position but the response was in quote ‘I don’t care I do not hire felons’ It really degraded me even though the charge is 7 years old I felt discriminated against because of my background

Asked on March 4, 2016 under Employment Labor Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, this potential employer has done nothing wrong. The fact is that a company can set the terms and conditions of the workplace much as it sees fit. This includes who to hire and why or why not. This holds true unless some form of legal discrimination was the reason for your treatment. Unfortunately,however, not hirng a person due to a felony cnviction is not against the law. It is perfectly legal.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It may be unfair, but it is not ilegal. Employment is employment at will; among other things, that means that a company may refuse to hire someone for any reason not prohibited by law. Unfortunately, the law does not prohibit refusing to hire someone due to a criminal record; they had the right to do what they did.


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