Felony

[Willow]

Can a corporation (no union involved) refuse to hire an applicant based soley on the fact that the applicant has been convicted of a felony? FYI: The applicant DID disclose the information regarding the felony on the application. This is in the State of Alabama.
Thanks
Willow

 

[Michael Wechsler]

How do you know that you weren't hired because of your felony conviction?

 

[Willow]

Well it is not me, it is the corporation that I am involved with. What the Human Resources department told me was that it is the policy of the company not to hire ANYONE who has EVER had a felony. This is regardless of what the crime was or what circumstances may be involved or how long ago it was. They told me that if the applicant has a felony on their record they will not be considered, period. Personally I thought that sounded discriminatory since the felonious act could have happened when the person was 18 years old (the applicant is 38 years old presently). Is it not, then, discrimination to punish a person for the rest of his life for a mistake made when he/she was a younger, more foolish person? My thinking is that this person paid their debt to society and it is now (possibly) 20 years hence and they are still not 'allowed' to become a productive member of society. Ok, forgive me for venting here but this is how I feel. I do know that some felonies are violent crimes, but I really believe that the company should take everything into consideration; what the crime was, when the crime was, has there been any crimes since, what the job is that the person applied for etc.

 

[Michael Wechsler]

If you go to an attorney, it is possible he might take the case but there are a couple of items that need to be present. If it is on contingency (the lawyer gets part of the proceeds, if any), then you need some proof, probably more than just your word against the HR person's.