Legal Question in Employment Law in California

Equal Opportunity Employers

I have in the past been convicted of a felony. Recently I applied for a position with an Equal Opportunity Employer. In the job announcement it was stated that only the most qualified would be selected for interviews. I worked for this company for a short period of time and know the job yet I was not selected for an interview, I realize this is probably because of the felony. However, if I already had done the job, and they were an equal opportunity employer and based on the fact that I knew the job and had done the job, should I not have been given the opportunity to interview based on the fact that I was one of the most qualified because I already knew the job? Do I have any legal recourse? Because of my felony conviction am I automatically considered unqualified?


Asked on 3/01/01, 3:37 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Equal Opportunity Employers

EEO laws list specific categories of human traits or disabilities that employers may not ask about or consider in making personnel decisions, i.e. race, age, gender, among others. Felony convictions are not included in any EEO laws as criteria that employers cannot consider. Your only hope is to be open and honest about the crime you were convicted for and hope your other talents can win over an otherwise skeptical employer. With the passage of time, you may be able to have the convinction sealed or taken off your record. Some employers are more forgiving than others. Good luck.

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Answered on 4/25/01, 12:13 pm


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