Applied to a Job and was Disqualified in front of customers and employees

[wwmoua]

What is the name of your state (only U.S. law)? North Carolina

I have just got back from trying to apply for employment at a local gas station in Charlotte. After completing an application, I went back inside the store to turn it in, along with an attached resume of mine. I handed it directly to the store manager, and as she skims through the aplication quickly with her finger, going from the top of the application to the bottom, she stops at the question of "Have you been convicted of a criminal offenese?". Without, even looking at my resume or looking at the rest of the application that has a backside, the store manager looks at me and nodds her head from left to right. While nodding her head from left to right, she states that, no, she cannot hire me due to that (as she points to the criminal conviction question), right in front of a customer and one of her cashiers. Being in a state of shock and anger, I looked at her and asked, "Isn't it illegal for you to automatically disqualify me because I have a criminal background?".

I feel as if this incident was very discriminating towards me, and I was just wondering if there was anything I can do about this? I feel as if she was being very unfair and biased and did not even take the time to look at the rest of my application to effectively determine anything at all. I am not sure if I am able to even do anything about this, but I would greatly appreciate it for help of any kind. Thank you very much for your time.

 

[Ohiogal]

What is the name of your state (only U.S. law)? North Carolina

I have just got back from trying to apply for employment at a local gas station in Charlotte. After completing an application, I went back inside the store to turn it in, along with an attached resume of mine. I handed it directly to the store manager, and as she skims through the aplication quickly with her finger, going from the top of the application to the bottom, she stops at the question of "Have you been convicted of a criminal offenese?". Without, even looking at my resume or looking at the rest of the application that has a backside, the store manager looks at me and nodds her head from left to right. While nodding her head from left to right, she states that, no, she cannot hire me due to that (as she points to the criminal conviction question), right in front of a customer and one of her cashiers. Being in a state of shock and anger, I looked at her and asked, "Isn't it illegal for you to automatically disqualify me because I have a criminal background?".

I feel as if this incident was very discriminating towards me, and I was just wondering if there was anything I can do about this? I feel as if she was being very unfair and biased and did not even take the time to look at the rest of my application to effectively determine anything at all. I am not sure if I am able to even do anything about this, but I would greatly appreciate it for help of any kind. Thank you very much for your time.

For what were you convicted and when?

 

[cbg]

Isn't it illegal for you to automatically disqualify me because I have a criminal background?"

Actually, it's not. Criminal history does not appear on the list of protected categories under either the EEOC or the NC Employment Discrimination Bureau.

 

[xylene]

Oh, right in front of people too...

You are a convict

Toughen up.

 

[justalayman]

of course it's discrimination. We all discriminate every day of our lives. The question is; is it illegal discrimination.

I cannot find anything specifically applicable to North Carolina other than a vague statement that some areas in NC do not allow such questions on an application. I do not know if that is a county issue or more localized.


from: http://www.ncjustice.org/?q=second-chance-alliance/frequently-asked-questions#What_employment_protections_do_individuals_with_criminal_records_have_

What employment protections do individuals with criminal records have?

Employers are permitted to ask about and consider conviction records—and in some cases, arrest records—when making employment decisions. The federal government, through Equal Employment Opportunity Commission policy, provides employment discrimination protection for people with criminal records. These policies require employers to make individual determinations about the appropriateness of hiring someone, rather than permitting employers to have blanket bans on hiring anyone with a criminal record. In particular, they require employers to consider the relationship between the job the person is seeking and his or her criminal record.

A handful of local jurisdictions in North Carolina have laws or policies that prohibit questions on job applications about criminal history, as well as prevent the use of criminal background checks until an individual is in the final stages of the hiring process. These types of regulations, popularly known as "ban the box" initiatives, are intended to ensure that individuals are fairly judged on their merits when pursuing employment. Please visit the Second Chance Alliance’s link to learn more about Ban the Box initiatives in North Carolina.

there is also a federal rule applying to such situations overseen by the EEOC:

http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm#IIIB

The EEOC does not cover all employers. Check here to review a summary of what employers they cover:

http://www.eeoc.gov/employers/coverage_private.cfm

a gas station may not be covered due to the probability of fewer than 15 employees that have worked for the employer at least 20 calender weeks.

So, is it illegal? I don't know.


edit: to the comment about it being in front of customers:

maybe a bit tacky but not illegal. Your criminal record is a public record. Anybody wanting to look it up can do so.

 

[justalayman]

Isn't it illegal for you to automatically disqualify me because I have a criminal background?"

Actually, it's not. Criminal history does not appear on the list of protected categories under either the EEOC or the NC Employment Discrimination Bureau.

what about this CBG:


http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm#IIIB

 

[wwmoua]

For what were you convicted and when?

B&E motor vehicle
Larceny
2004

 

[wwmoua]

of course it's discrimination. We all discriminate every day of our lives. The question is; is it illegal discrimination.

I cannot find anything specifically applicable to North Carolina other than a vague statement that some areas in NC do not allow such questions on an application. I do not know if that is a county issue or more localized.


from: http://www.ncjustice.org/?q=second-chance-alliance/frequently-asked-questions#What_employment_protections_do_individuals_with_criminal_records_have_



there is also a federal rule applying to such situations overseen by the EEOC:

http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm#IIIB

The EEOC does not cover all employers. Check here to review a summary of what employers they cover:

http://www.eeoc.gov/employers/coverage_private.cfm

a gas station may not be covered due to the probability of fewer than 15 employees that have worked for the employer at least 20 calender weeks.

So, is it illegal? I don't know.


edit: to the comment about it being in front of customers:

maybe a bit tacky but not illegal. Your criminal record is a public record. Anybody wanting to look it up can do so.

Thanks for the links justalayman

 

[eerelations]

B&E motor vehicle
Larceny
2004

I can see this legally disqualifying you from a gas station job. Read justalayman's links carefully, you'll see what I mean.

 

[wwmoua]

Isn't it illegal for you to automatically disqualify me because I have a criminal background?"

Actually, it's not. Criminal history does not appear on the list of protected categories under either the EEOC or the NC Employment Discrimination Bureau.

A friend of mine is currently studying criminal justice at a local community college and informed me that an employer cannot turn me down for employment soley based on my criminal record. I'm not sure if he is right or wrong, but that is what I based that of off. And when I did say that to the store manager, she was rattled and seemed not as confident as she was before I said that. She then changed her decision of absolute disqualification, and started to ask me to explain my charges and her whole attitude changed, trying to be nicer to me personally.

 

[cbg]

http://www.eeoc.gov/laws/types/index.cfm

The EEOC has identified a potential disparate practice when there is a blanket policy of disqualification on the basis of criminal history. That is not the same thing as placing criminal history in a protected category.

Please look at the attached list of protected categories.

 

[wwmoua]

I can see this legally disqualifying you from a gas station job. Read justalayman's links carefully, you'll see what I mean.

Ok, I do understand why this would disqualify me, but I was NOT being interviewed for a position. I ONLY turned in my application. I was not going in for an interview or so for what reason should I explain my charges to the store manager in front of customers and employees. With a larceny charge, I can also see why an employer wouldn't hire me, but I've held positions where I ran a small sub shop, went from cashier to assitant manager within a few weeks and within years, was trusted to run the whole store by myself with the store owner out of the country on vacation. Isn't this why a person would attach a resume???? For an employer to look at and review?

 

[wwmoua]

http://www.eeoc.gov/laws/types/index.cfm

The EEOC has identified a potential disparate practice when there is a blanket policy of disqualification on the basis of criminal history. That is not the same thing as placing criminal history in a protected category.

Please look at the attached list of protected categories.

Thank you for the link....I will look into all of the links given to me on this forum. Thank you very much.

 

[eerelations]

A friend of mine is currently studying criminal justice at a local community college and informed me that an employer cannot turn me down for employment soley based on my criminal record. I'm not sure if he is right or wrong, but that is what I based that of off. And when I did say that to the store manager, she was rattled and seemed not as confident as she was before I said that. She then changed her decision of absolute disqualification, and started to ask me to explain my charges and her whole attitude changed, trying to be nicer to me personally.

Your friend isn't wrong exactly, he just doesn't have the full picture.

Basically, if the gas station has 15 or more employees and your conviction is totally, completely irrelevant to the gas stations's business situation, then you have an EEOC claim. So if the gas station has 20 adult employees and you're a convicted pedophile, then the gas station can't discriminate against your conviction.

But you're not a convicted pedophile, your crime has to do with a vehicle...and vehicles have a lot to do with gas stations' business situations. So it appears to me that any gas station with 15 or more employees can legally discriminate against you.

Of course this is all moot if the gas station has less than 15 employees - employees of that size are legally allowed to discriminate against practically everyone, for any reason.

 

[cbg]

Isn't this why a person would attach a resume???? For an employer to look at and review?

But you do not have a guaranteed right under the law for the employer to look at and review it.