Is it discrimination if an employer use my background check as the reason not to hire me?

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Is it discrimination if an employer use my background check as the reason not to hire me?

Asked on August 21, 2015 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, this would not be discrimination. The only illegal workplace discrimination is that specifically prohibited by law, such as against a person due to his or her race, sex, age over 40, disability, religion, etc. However, there is no protection for ex-felons employers are allowed to choose not hire somone due a criminal past, just as the employer could choose to not hire someone due to their political beliefs or because the employee hates people who used to be teachers or camp counselors, etc.


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