My question involves labor and employment law for the state of: PA
My question involves criminal records for the state of: PA
I recently had a job interview and everything went well. I was offered the position (nursing), however, when asked for my SS number to do the background check, I gave the required information, and told the employer I had a summary offense retail theft from 3+ years ago. After speaking to her director, she told me I could not have the position because I had a criminal history. Basically, what I want to know, is it LEGAL for an employer to deny employment based on this charge? My official report did not come through yet (although it is definitely on the check). I'm upset I couldn't even talk to the director to explain my foolish decision, which I probably regret more than ANYTHING in my life. I also found this:
A. Pennsylvania Law Limiting Consideration of Criminal Records
A Pennsylvania statute provides, "Felony and misdemeanor convictions may be
considered by the employer only to the extent to which they relate to the applicant's suitability
for employment in the position for which he has applied.” 18 Pa. C.S. § 9125(b). There has
been almost no guidance under state law on the issue of “suitability” under this law. However,
one of the few cases construing this statute has been determined that it means that employers
only consider felony and misdemeanor convictions. Cisco v. United Parcel Services, Inc.,
476 A.2d 1340 (Pa. Super. 1984). Consequently, under this statute, employers may
arrest records, juvenile adjudications and summary offense convictions.
Wouldn't that mean it was not legally allowable to deny me for this position based on my BG check, AFTER being offered the job?
I don't plan on filing any charges, I'm just curious.
I'm upset about the entire situation and can't wait until it has been 5 years since this charge to get it expunged.