Legal Question in Employment Law in Georgia

Re: Legal to ask about misdemeanors on applications?

Generally, your attorney friend was correct as to general misdemeanors. There are situations where questions about misdemeanor convictions are allowed such as in applications for police officers and similar positions, and some employers may be able to ask questions regarding convictions for misdemeanors involving "moral turpitude," especially for positions involving duties of trust. As to your question regarding what to do in such a situation, I would first have to know the wording of the question and the type of job applied for. If, in fact, the question was an improper one, you could refuse to answer it, and the company's failure to hire you on that basis would be improper. However, proving causation between your refusal to answer an illegal question and the fact that you did not get the job is one of the most difficult intent claims to prove.