Legal Question in Business Law in Kentucky
Descrimation against felons in jobs
can the ammendment to Title VII of the Civil Rights Act of 1964 be used against an employer if their only reason for not hiring you is because of a criminal conviction that is not related to the job?
The part I am talking about is:
The Commission continues to hold that, where there is evidence of adverse impact, an absolute bar to employment based on the mere fact that an individual has a conviction record is unlawful under Title VII.(8) The Commission's position on this issue is supported by the weight of judicial authority.(9)
1 Answer from Attorneys
Re: Descrimation against felons in jobs
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. The regulations and case law stemming from Title VII are quite complex. Several questions are presented:
(1) Is your prospective employer a private concern or public agency"
(2) Is there a reasonable relationship between the nature of the job and past criminal behavior? (Felons cannot use firearms, certain convictions preclude childcare jobs, access to drugs, etc.)
(3) What was the nature of your conviction? (Felony, misdemeanor, traffic, child abuse, drug abuse, etc.)
A good summary of Title VII provisions in this area can be found at: http://www.lac.org/toolkits/titlevii/title_vii.htm
Additionally, you should contact your local EEOC or Kentucky Commission on Human Rights office for further information.
You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
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