Can a company deny employment for prior felony offenses?
On One Hand: Felons have rightsSpecific employment laws vary from state to state. In some states, such as Connecticut, it is legal to disclose an “erased” or expunged felony record as having no prior record, according to Connecticut Legal Assistance Resource. It is not legal for state agencies there to have policies that automatically prevent felons from being hired but private employers can.On the Other: Felons are not a protected classThe right to hold public employment is not recognized as a fundamental right and convicted felons are not a protected class, according to a U.S. Court of Appeals for the 5th circuit 2008 opinion in in Crook vs. El Paso School District. In addition, some licenses and positions are not available to felons under the law.Bottom Line”Automatic disqualification could be a violation of state and federal discrimination laws. However, an employer may deny employment if the employer can establish a business-related reason for the refusal to hire,” attorney Les Ro
