Can you be discriminated against for an arrest?
I have a previous posting on this forum:
http://www.expertlaw.com/forums/showthread.php?t=20290
However, now that the shoplifting charges were dismissed and I had the arrest record expunged, I feel like I am being discriminated against anyway.
As mentioned, I have NEVER been CONVICTED of any crime whatsoever.
Basically, I am still waiting for a decision from an investment bank in NYC (top 5 i-bank) on whether I have the job. And, the job is not even as a broker or anything, it's an IT job (non-programmer).
They asked me about the arrest, and I forwarded all the information.
Are they even allowed to ask about an arrest that was subsequently dismissed and expunged?
I feel like I am on trial all over again. And, it's been almost 10 days since I provided the requested information and they haven't given me a decision on whether I have the job.
Any info would ease my mind.
Thanks.
Re: Can you be discriminated against for an arrest?
An employer can choose to hire or not hire you for any number of reasons. Your claim of discrimination does not meet the legal definition.
Re: Can you be discriminated against for an arrest?
I guess I will have to take some solace in the fact that they are taking so long to make a decision. At least they are giving me the impression that they are considering my explanation of the circumstances behind the "incident" before declining the job offer.
Like you said, they can rescind the job offer for a multitude of reasons.
Thanks for replying to my post.
Re: Can you be discriminated against for an arrest?
Just in case any one reading my posts was curious, the job offer was rescinded, and I was told I couldn't apply for a job at this company until the arrest record stops showing up on background checks.
I'm just sharing this information for others who maybe in my predicament now or in the future.
I am lucky to at least have my current job, and all of this happened before I gave notice to my current employer.