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does this seem right? or is it against the law..

Is it considered discrimination to not hire based on past theft charges? This isnt for me! Ive never stolen anything in my life, never broke the law but my sons father has a past theft charge and i went with to get an application and when we first walked in she seemed so judgmental, she asked if he smoked and he dont and she was like good because she wont hire smokers. And then when he was done filling out the app he gave her a paper which he got through the workforce center that he gives out because of his past theft charges and she went off saying he is a theive and never going to change and all this other stuff, i was right there and heard everything. And then she gave him an interview but when she did she said dont count on nothing cuz we dont hire thieves.Then she asked if he graduated he said no that he got his GED because his school lost his transcripts, and she said he was making excuses.

Answer Question
 
jaelynsmama07

Asked by jaelynsmama07 at 6:07 PM on May. 8, 2010 in Money & Work

Level 3 (27 Credits)
Answers (11)
  • An employer has the right to deny an application based on this information. They cannot deny you based on race, sex or orientation- but your criminal history is fair game.
    HistoryMamaX3

    Answer by HistoryMamaX3 at 6:11 PM on May. 8, 2010

  • It's not discrimination to not hire a person with theft charges on their background report. It's hard to get a job if you've had a felony or theft on your report. It is discrimination, if they hired one person with theft and one without. I thinks it's a little weird about the smoking question. Smoking sucks, but it's not illegal. If she was that judgemental, she is not someone that you should work with. Was she at a staffing agency? I recruit for a staffing agency, but we don't run our business like that!
    Anonymous

    Answer by Anonymous at 6:14 PM on May. 8, 2010

  • No it was a family owned business, thing was is he brought this paper that is kinda made so that if something happened the business would be insured and gave back there money if a theft were to happen again. But it wasnt even in the background report he was upfront and honest about the whole situation
    jaelynsmama07

    Answer by jaelynsmama07 at 6:17 PM on May. 8, 2010

  • The only things that your employer can not openly deny you a job over are race, sex, religion and sexual orientation. Occasionally you'll hear of lawsuits over things like weight and health conditions as well, but overall those are few and far between. However, criminal history doesn't fall in to those categories, and it makes sense that if an employer has the choice between a documented thief and someone with a clean record they will take the clean guy. Frankly, I think she could have been a little nicer about things, but I'm with her, if I had the choice to hire someone I couldn't trust, or fill the spot with someone I could, I wouldn't hire someone with a record either. And that's coming from a woman who has a record and who's husband has 2 felonys on his record...
    Anonymous

    Answer by Anonymous at 6:18 PM on May. 8, 2010

  • Actually, correction....I don't even think it's discrimination if they hire one person with a felony and one without. I think that is still okay.......
    Anonymous

    Answer by Anonymous at 6:19 PM on May. 8, 2010

  • If he's looking for a job, have him check out myfelon.com it's a network like this, but its for felons and their families. There are usually job postings as well as others in your area that may be able to help you find something.
    SabrinaMBowen

    Answer by SabrinaMBowen at 6:21 PM on May. 8, 2010

  • I just feel bad cause he wants to change and make a life for himself and after growing up with the past of being in foster care and abused im proud that he wants to make the change but i dont know how im going to keep encouraging him if no one hires him...cuz this is about my son too, its almost like she judged me and my kids to when we walked in...

    im really not a bad person im a fulltime college student 19 credits 2 kids and my sons dad has made some bad decisions and i wish he didnt but how does a person change if they arent given a chance?
    jaelynsmama07

    Answer by jaelynsmama07 at 6:22 PM on May. 8, 2010

  • i dont think he has a felony...he didnt ever have to serve time in jail or prison...
    jaelynsmama07

    Answer by jaelynsmama07 at 6:56 PM on May. 8, 2010

  • life isn't fair :0( ive been told that since i was a kid. Cant change the blow of the wind but you can change the set of the sail.

    There are other ways to provide for himself, family etc... whatever the case is.
    IraqiVetWife

    Answer by IraqiVetWife at 7:59 PM on May. 8, 2010

  • yeah i know life not fair and i dont know what else would help him provide for himself except a job, may seem mean but im not going to support him cuz its not my job and im broke as it is and taking care of 2 kids...hes about to become homeless if he dont get a job so i dont know im in a tough spot right now cuz i cant really do anything to help him, me and him have had big problems in the past and the people (my family) who i rent from will not let him stay with me because hes burnt them out in the past..and actually i wouldnt want him living with me right now because i feel i'd go crazy..im taking 19 credits and last thing i need is to deal with lack of sleep cuz of him...

    but really want to find a way to help him better himself..
    jaelynsmama07

    Answer by jaelynsmama07 at 8:18 PM on May. 8, 2010

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