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Employment Agencies Barring Applicants

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  • 07-24-2008, 08:58 AM
    PeggyDiane
    Employment Agencies Barring Applicants
    My question involves labor and employment law for the state of: California


    Is it legal for employment agencies, particularly nationally and internationally recognized employment agencies, to flat out deny their services (as agents of 1,000s of employers) to applicants seeking work with a felony background?

    Thank you.
  • 07-24-2008, 06:25 PM
    cbg
    Re: Employment Agencies Barring Applicants
    Yes. It is.
  • 07-24-2008, 11:45 PM
    Betty3
    Re: Employment Agencies Barring Applicants
    Agree/concur Betty3
  • 07-25-2008, 06:11 AM
    cyjeff
    Re: Employment Agencies Barring Applicants
    Peggy just wants to start a fight.

    She has already listed the appropriate law on another question.
  • 07-25-2008, 09:26 AM
    mmmagique
    Re: Employment Agencies Barring Applicants
    I both agree and concur with cbg!!:)

    ~Christina
  • 07-25-2008, 10:14 AM
    mitousmom
    Re: Employment Agencies Barring Applicants
    A blanket prohibition applied to some groups protected under Title VII of the Civil Rights Act could be a problem according to EEOC's guidance on conviction records. See http://www.eeoc.gov/policy/docs/convict1.html.
  • 07-25-2008, 07:05 PM
    cbg
    Re: Employment Agencies Barring Applicants
    But that's not what Peggy is asking.
  • 07-26-2008, 06:53 AM
    mitousmom
    Re: Employment Agencies Barring Applicants
    What do you think she is asking?

    Seems to me she is asking whether an employment agency can refuse to refer an applicant with a felony record for consideration for employment with a client agency.

    Such a blanket prohibition will run afoul of Title VII for both the employment agency and any client who instructs the employment agency not to refer applicants with a criminal record.

    It's going to be hard for an employment agency to defend such a policy. The agency will probably argue that it is simply imposing the requirements of the client employer.

    A prudent employment agency would advise the applicant that the client is seeking applicants without criminal records showing a felony, but refer the applicant anyway. Then any Title VII challenge is between the client employer and the applicant.
  • 07-26-2008, 07:07 AM
    cyjeff
    Re: Employment Agencies Barring Applicants
    There are many other variables here that we don't know.

    Whenever we speak in broad generalities, we forget that the devil is in the details.

    For instance, if the national job placement organization was for police officers, it is perfectly legal to bar all felons.
  • 07-26-2008, 08:15 AM
    mitousmom
    Re: Employment Agencies Barring Applicants
    A national job placement organization for police officers is not an employment agency. I'm not sure why many of you seem resistance to the fact that under certain circumstances refusing an applicant with a criminal record can violate Title VII.
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