Can I sue for discrimination against employer?

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Can I sue for discrimination against employer?

I was hired for a job last year. However, this year the same job said they couldn’t hire me because of a misdemeanor that I have on my record but it has been there for years.

Asked on December 7, 2016 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

That is not illegal discrimination, because the law allows an employer to choose to not hire (or rehire; or if currently working, retain) an employee becasue of a criminal record. There is no legal protection for having a criminal record, even an old one; at any point that an employer becomes aware of it, you can be denied a job or terminated.


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