Convicted Falon

Golf

Would it be considered discrimination to not hire a convicted falon?

Gillian3

Probably not. The cases in this area usually revolve around the felony and the job which is available, as well as the length of time since the conviction. The easiest to evaluate are those who have been convicted of fraud, embezzlement etc and the job is handling money or someone who has been convicted of some sort of assault or molestation and the job is working with a population made up of people like the victim. Those are an easy "no". More difficult are convictions which have no relationship to the job or which happened a long time ago.

Shadowfax

[font size="1" color="#FF0000"]LAST EDITED ON 08-29-05 AT 01:26PM (CST)[/font][br][br]How about an unconvicted felon? Not necessarily. Your real question is whether it is actionable discrimination to fail to hire one who has been convicted of a felony, and the answer is: it depends. Generally, one is supposed to look at the type of job, the type of felony, the amount of time that has passed since the conviction, and unless the crime has some bearing on the job you are looking at, and, the crime is relatively recent in time, you should look past the conviction.
( I once suggested the only difference between so and so, and so and so, was that one was an 'unconvicted' felon. I was very nearly sued for libel, Fortunately for me, I was more right than he wanted to admit.)

Hunter1

In Wisconsin, it would be, unless, as G3 has suggested, the conviction is closely related to the duties of the position. Check your state laws.

tfevergrn

If the conviction was related to the job (cash handling position, conviction of falsifying accounts) that is to be performed, does it matter if the conviction was a felony or a misdemeanor? I would think not since in a lot of cases the only difference between a felony and a misdemeanor is a plea bargain.

Tina Marie

Gillian3

No.