Can you be denied employment based on a misdemeanor conviction?

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Can you be denied employment based on a misdemeanor conviction?

I was told I would be hired at a national express delivery service by the site manager. However I was turned down few days later because of a background check. The only thing on it is misdemeanor from 2006 for possession. Is this legal?

Asked on May 23, 2011 under Employment Labor Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The Equal Employment Opportunity Commission (EEOC) says that a person cannot be denied employment based on a criminal record alone. Instead, the decision to hire or not must be based on a “business necessity,” which requires the employer to consider:

  • The nature and gravity of the offense or offenses.
  • The time that has passed since the conviction and or completion of the sentence.
  • The nature of the job held or sought.

EEO laws apply in employment situations whether the employer hires a third-party screening company or not.

Right now you need to check with your state's Department of Labor and/or an employment law attorney as to any other specific rights given under AL law.


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