Is it wrong?

[mjmc]

What is the name of your state? Georgia


An individual comes in for an interview, he signs and gives the company concent to run a background check. The results, show a case back in 1976 with a charge of: Carrying a concealed weapon or Deadly weapon at a public place. The disposition of tha case is "Nolo Contendere". Is it right for the company to ask details of the case? What if the company does not hire the individual, can he claim discrimination?

 

[cbg]

I see nothing in GA law that would prohibit an employer from asking for details on the situation. In fact, it might be to the applicant's benefit for the employer to do so.

No applicant has a guaranteed right to any given job, and it would not be illegal discrimination if the applicant is not hired. According to my summary, under GA law IF the decision not to hire the individual is made on the basis of the record, the employer is required to provide the individual with all the information in the record and explain how the decision was made. But the employer is not obligated to hire the employee.