Legal Question in Employment Law in California

Use of misdemeanor convictions in the hiring process

I have been told, that in California, we cannot use the fact that someone has a misdemeanor conviction as grounds for not hiring an individual. Even if they falsify their job application, and state that they've never been convicted of any misdemeanor or felony.

1. Is this true?

2. What laws govern the denial of employment based on criminal convictions?

3. Do employers have any discretion based on type of violation?

ie: crimes of violence (rape/murder/molestation), theft, or drugs

4. If the employer has no discretion how does that open up a hostile work environment situation?

5. Is this too many questions :)


Asked on 10/20/99, 7:13 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Use of misdemeanor convictions in the hiring process

1. not true. 2. they can hire or not hire for any reason as long as they dont discriminate against a protected class. criminals are not a protected class. 3. yes, see number 2 above. 4. N/A 5. No.

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Answered on 10/25/99, 1:33 am


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