Legal Question in Employment Law in Washington

Under what circumstances can I be fired due to the results of a criminal history

I will grad soon and I have a number of very good offers. I know that soon after employment a criminal history check will be performed. I have a felony conviction from 1995. Under what circumstances can I be fired due to the results of the criminal history check?

Thank you.

Floyd


Asked on 4/12/01, 2:14 pm

1 Answer from Attorneys

David Black HR Juris, PC

Re: Under what circumstances can I be fired due to the results of a criminal his

First, there are some criminal law issues you should consult a criminal law attorney about, i.e. if you received the conviction as a minor, can you seal or erase the record?

I can only comment on the employment law aspects of your question. Typically, the courts and civil rights agencies give wide latitude to employers who wish to screen applicants or terminate employees because of felony convictions.

The operative prohibitions in this area are illustrated by the position taken by the EEOC -- employers may not have a blanket policy of discriminating against applicants and/or employees on the basis of "arrests" or "misdemeanor convictions." The EEOC adopted this position because such blanket policies tend to have a disparate impact on minorities. The impact and policy stem from empirical studies that showed a statistically significant difference in the arrest rates and misdemeanor conviction rates for minorities versus their representation in the general public. The same was not true for felony convictions.

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Answered on 6/09/01, 3:42 am


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