Son denied employment is this legal

[elektra813]

My son applied for a job at a warehouse. He was asked why he had moved home. Being honest he told him he had gotten into a little trouble and wanted to come home because of it. The interviewer then asked was he arrested and he said yes, then asked what the charge was and my son told him a misdamenor, then he asked if it was settled my son told him no that he has a lawyer handling it for him. The interveiwer then told him he could not hire him because of his criminal background and that would cause absenteaism. My son has not been convicted of anything. The attorney even says the charges will probably be dropped due to the fact he has never been in trouble. This interviewer made him feel horrible. He is qualified for the position. I was under the impression he could ask these type of questions, and stop the interview before even asking about his qualifications. Can someone answer this for me? I live in the state of TX and my son is 19 and has a good work history since he was 15.

 

[cbg]

I can't find anything in Texas law that would make this illegal. Under Federal law, they may disqualify based on arrests or convictions only if they can prove business necessity. Without knowing more about the business or the job there's no way to say if this is the case.

Now, let's say it's not the case and this was totally illegal. What does your son want to do about it now? Does he REALLY want to go work for them at this point?

 

[Beth3]

There is no federal law that prohibits an employer from refusing to hire someone on the basis of their arrest record. That has been found to be a very ill-advised practice as it has a disparate impact on minorities. On a per capita basis, minorities are arrested more frequently than caucasions. So barring employment simply because of an arrest record effectively rules out a disparate number of blacks, hispanics, etc., than caucasions and therefore is discriminatory.

Some States have statutes that specifically prohibit denying employment on the basis of arrest records and some also have a similar law addressing criminal convictions.

You need to post back and tell us what State you're in. You also need to tell us whether your son told the interviewer about any time off he'd need to go to court or for related reasons.

 

[elektra813]

The job was loading and unloading trucks. They needed certified fork lift operator. No he does not want to work for them anymore. He did find another job the same day. But he was so angry and hurt because he said the interviewer made him feel so small. He did not say anything about needing to take a day off for court. The attorney said that it could be a year down the road. My son wants to sue the company. He said he was never even asked about his experience. He was just told No because of the arrest. Oh and this was the 3rd trip for an interview. The first two the interviewer did not show. Hows that for professionalism.

 

[Beth3]

You can't sue for hurt feelings.

The employer behaved stupidly and unprofessionallly, but not illegally. Your son should chalk this up to a bad experience and put this company on his list of places he'll never want to work.

If this is what they were like during the recruting process, imagine what they would have been like to work for? Your son probably dodged a bullet there. I'm glad to hear he got another job so quickly. I suggest you advise your son to just put this behind him.