Is it illegal to not hire based off of 2 non-convictions on my record?

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Is it illegal to not hire based off of 2 non-convictions on my record?

I applied to the YMCA and went for 2 interviews and they told me that I was perfect for the job. Then, 5 days later, I then got a call about a 3rd interview to

discuss my background check. So I go in and meet with Human Resources and she handed me a copy of my record. We talked about it and she said that they would be in touch before the end of the week. It’s been 2 weeks since my last

interview and no call. I believe they are avoiding my calls and don’t want to hire

me based off my criminal record. I’ve hade 2 cases on my record both which

are non-convictions, 9 and 7 years ago respectively. I’m 24.

Asked on February 11, 2017 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, it is perfectly legal to not hire based on a criminal background or record--even non-convictions. That is because employment in this country is "employment at will," whick means that employers can decide to not hire someone for any reason whatsoever, so long as that reason is not prohibited by law--and there is no prohibition against not hiring due to criminal cases.


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