Do I have a case if I was discriminated based on my criminal history?
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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
done.
Asked on June 21, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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