Denied Employment by Adecco Because Criminal Conviction is "Recent"
My question involves labor and employment law for the state of: Ohio
Recently, I was offered a position by the recruiting company Adecco to work for a local PPG Corp in Cleveland. I was denied employment after disclosing a misdemeanor conviction of the fourth degree - unauthorized use of property. If it's of any importance, the original charge was a misdemeanor of the first degree - petty theft.
The reason for denial was that the event was "too recent." The conviction date was in March 2015 and the probation end date was in June 2015. I was declined on today's date (08/10/15). This happened after I disclosed my criminal conviction to the employer and I assume it was before a formal background check as I finished the disclosure during the weekend.
I've spoken with my lawyer about the case and problems with employment, as I graduated with a Bachelor's of Science in Chemistry this past Spring. The position would've been related to testing car panels with paints, so something completely chemistry related. The conviction was related to shoplifting.
I am familiar with the EEOC and this quote, "[t]o establish that a criminal conduct exclusion that has an adverse impact is job related and consistent with business necessity under Title VII, the employer needs to show that the policy operates to effectively link specific criminal conduct, and its dangers, with the risks inherent in the duties of a particular position."
Is there justifiable cause that I am not fit for the position? I fear that I'll be declined for future jobs until the record is sealed (as I am a first offender) one year from the end date. I have several references to support the fact that I was an upstanding employee as well as student of my university. I have a university diploma and awards from said university for outstanding achievement in chemistry. I am certainly not a bad apple, but I did have a lapse in judgement which I took responsibility for. They presented the opportunity to explain myself in the disclosure, which I did, and it all seemed to be disregarded once they saw the date. At the least, am I entitled to a letter justifying my denial of employment? It would be ridiculous if I cannot get a job until the record is sealed, let alone apply for graduate schools.
Apparently, three years must have passed since the conviction in order to be considered for "my particular conviction." I was made unaware of this at the time of application and the time throughout.
Re: Denied Employment by Adecco Because Criminal Conviction is "Recent"
You need to read the entire guidance. The part you allege on relevance of the conviction only applies to proving that they are not otherwise violating title VII with the decision. Use of convictions in screening applicants is NOT forbidden either federally or by Ohio law. What Title VII says that if you use the screen in a way that disparately affects a protected class (race, religion, etc...), then you may be engaging in illegal employment discrimination.
So to prove your case you have to show FIRST that the Title VII overall has been violated and then that your particular case wasn't relevant either by subject content or the passage of time.
Your theft conviction is a crime of moral turpitude and generally disqualifying for all aspects of business. You just coming off probation last month is not a long passage of time by anybody's standard.
Re: Denied Employment by Adecco Because Criminal Conviction is "Recent"
Ah okay. Understood. Nevermind then! Thank you.