Do I have a case if I was discriminated based on my criminal history?

UPDATED: Sep 30, 2022

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Do I have a case if I was discriminated based on my criminal history?

I had recently applied for a job, had two days of training but was then
terminated because of my criminal history. The application was specifically
asking about felony charges and I had two prior misdemeanor charges. I was
wrongfully accused of these charges but they are still on my record. I served
jail time and probation. I wanted this job, however now that I feel they have
discriminated against me I want to know if I can sue them for what they have

Asked on June 21, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you may not sue them. Discrimination is legal in employment in this nation, except to the extent it is specfically barred by law. The most common categories or types of discrimiantion banned by law are against people due to their race, color, religion, disability, sex, national origin, or age 40 or over. There is no law preventing employers from refusing to hire you, or terminating you, due to a criminal history or background--it is legal to make employment decisions on this basis. Since it is legal, it is not illegal discrimination, and you do not have a viable claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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