Can employment as a clerical worker in a school be denied due to a DUI?

UPDATED: Mar 25, 2015

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Can employment as a clerical worker in a school be denied due to a DUI?

It was a felony charge but no one got hurt and it was a long time ago.

Asked on March 25, 2015 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, yes--employment can be denied for this reason. Employment is employment at will; that means that employers may freely decide who to hire, and can refuse to hire someone for any reason whatsoever that is not illegal discrimination. But only certain kinds of discrimination--like against people due to their race, sex, religion, age over 40, or disability status--have been made illegal; all other "discrimination," such as against people due to their political views or, in this case, past criminal record, is legal, and so an employer may elect to not hire you due to a DUI charge.

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