Denial Of Job Opening

[DABowman]

What is the name of your state? CA

My wife had applied for a job at PetsMart, she went in for 2 interviews and was told she would be hired after they did a background check, my wife has a felony misdemeanor, she put that on the application. They said they would call her, they did not, so she called them and when she asked about her application they said there was a mistake and there were no job openings at this time. I was confused at this and I told her to find stuff out. Her friend was with her and called PetsMart and asked if there were any job openings in that same job, their answer was "Yes", 45 minutes later my wife called in and asked about her application they still had on file, and if there were any job openings in the same job, they told her "No". Now i understand that they can tell her she is not available for being hired, but are they allowed to tell her there is no job openings when 45 minutes earlier her friend called and there was a job opening and now tell her there is none based on her application she had previously filled out.

Edit: I know they do not have to legally give a reason for not hiring, but can they legally say to one person that there is no job opening and say to another that there is?

 

[Ohiogal]

A felony misdemeanor? It is either one or the other. What did she do? But yes they can tell her there are no job openings for her.

 

[DABowman]

It is a Misdimeanor. and she was an accessory for credit card fraud, she used her employee discount for her friend was using a stolen credit card. Now they can say that there are no job openings, but when asked about a specific job, (Bather/Groomer) at PetsMart, which she had been interviewed for, she was told there was no openings, but 45 minutes earlier her friend called and inquired about the same exact job opening, and they told her there was an opening, so can they pick and choose who to tell about a job opening or do i have the eeoc compliance manual wrong

In addition to avoiding disparate treatment in rejecting persons based on conviction or arrest records, upon a showing of disparate impact, employers also must be able to justify such criteria as job related and consistent with business necessity.(97) This means that, with respect to conviction records, the employer must show that it considered the following three factors: (1) the nature and gravity of the offense(s); (2) the time that has passed since the conviction and/or completion of the sentence; and (3) the nature of the job held or sought.(98) A blanket exclusion of persons convicted of any crime thus would not be job-related and consistent with business necessity.(99) Instead, the above factors must be applied to each circumstance. Generally, employers will be able to justify their decision when the conduct that was the basis of the conviction is related to the position, or if the conduct was particularly egregious.

they must show that her criminal record of what it was for shows that it has to be job related to deny her the job, a Bather/Groomer has nothing to do with her infraction on her record.

 

[ecmst12]

It's a job in a retail store. Credit card fraud and abuse of employee discount are certainly pertinent to the job. Nothing illegal here.

 

[moburkes]

It's a job in a retail store. Credit card fraud and abuse of employee discount are certainly pertinent to the job. Nothing illegal here.

Right!!!!!!!!!!!!!!!!!!!!!! OMG! He's kidding, right? The crime has nothing to do with the job. Let's see. She'll get an employee discount at PetSmart. She could allow another person to use it. She could allow another person with a stolen credit card to use it. Oh, brother.

 

[mb94]

If they deny having a job opening just when asked by a black person, or a Jewish person, or a woman then they could get in trouble. They can't deny a job opportunity to a protected clas of people. While collar criminals are not a protected class. So they can lie to her about having a job opening all they want.

 

[moburkes]

If they deny having a job opening just when asked by a black person, or a Jewish person, or a woman then they could get in trouble. They can't deny a job opportunity to a protected clas of people. While collar criminals are not a protected class. So they can lie to her about having a job opening all they want.

That was funny.

 

[DABowman]

yes, but my wife is of ethnic decent, i could use this with her, she is black/native american, i can push it if i want to, even though it might not be right, and u people arent seeing my point -.-

 

[Ozark_Sophist]

You can push all you want.

 

[Ohiogal]

yes, but my wife is of ethnic decent, i could use this with her, she is black/native american, i can push it if i want to, even though it might not be right, and u people arent seeing my point -.-

You could use it and then you would waste a lot of money because all they have to do is point to her criminal conviction and your argument is GONE. And we are seeing the point -- it is not illegal. That just isn't what YOU want to hear.

 

[Betty]

If you push it, they can come back & say she didn't get the job due to info developed on the background check - this is legal.

 

[ecmst12]

Simply the fact that the person being denied a job/promotion/whatever is a member of a protected class is NOT, in itself, evidence that the protected status is the REASON for the denial.

 

[mb94]

Well here's the test. Send in 5 or 6 other people of your wife's race to ask if there is a job opening. Then send in some white people. If all the black people are told that there is no opening and the white people are told there is an opening then you have some proof that they are doing something in violation of the laws.

That isn't your case at all. Your case is she went in, got pretty far in the process, failed the background check and now they are trying to give her the brush off. Take the hint. They don't want to have someone with a history of retail fraud working in their retail store. That is totally allowed.