Can you be fired (or not hired) for a criminal record in Pennsylvania?
Pennsylvania law provides employment protections for certain types of criminal records, including specifically those that resulted in acquittals. Employers are generally prohibited from considering dismissed or withdrawn charges as well as summary offense convictions in hiring, promotion and other employment decisions.
Unfortunately, adverse employment actions on the basis of criminal histories occur often, and as an employee, you may have to consider bringing legal action to secure your rights. Here is an overview of the protections written into Pennsylvania’s “Criminal History Records Information Act” (CHRIA). This statute is found at 18 Pa. C.S.A. § 9125.
What can an employer consider?
Under Pennsylvania law, an employer may only consider a felony or misdemeanor conviction. This means that employers cannot consider summary offenses like disorderly conduct, public intoxication, or simple harassment, or an arrest or dismissed charge or acquittal (a not guilty verdict). Furthermore, in considering the conviction, an employer must give you an explanation for the rational connection between the conviction at issue and the job that it disqualified you for.
Employers cannot automatically, as a matter of policy, categorically exclude those who have convictions from the workplace unless convictions would interfere with the duties or fitness for the job.
Of course, there are plenty of times that criminal history has a logical relationship to your job. In these situations, it can be considered by an employer. As an example, a DUI may disqualify you from driving jobs, and a crime of falsehood (such as forgery, theft or robbery) could certainly be used to disqualify you from a position of financial trust. A daycare or childcare facility cannot hire someone with offenses against children in their background, and other jobs may consider how the public would feel about an employee’s publicly available criminal record.
What do I do if I think I’ve been illegally discriminated against based on my criminal record?
CHRIA creates a private cause of action that allows those discriminated against unlawfully to bring suit. This statute may protect you if you’ve experienced adverse employment action on the basis of a protected record. The statute provides for damages and reimbursement of attorneys’ fees.
Conclusion: Call Cornerstone Law Firm today
An experienced attorney can evaluate your case and determine whether yours might come within what the law prohibits. Our attorneys can help employers stay on the right side of the law and help you if you have been wronged. If you’re dealing with CHRIA, call us today for a consultation.