Of course I can refuse to hire a felon!

Not necessarily. If you refuse to hire a felon for the wrong reasons, you could be the one who’s up a river without a paddle.

According to our partners at Fisher & Phillips, there are circumstances where not hiring a felon could get you sued. Says the EEOC: “An employer making an employment decision based on a criminal conviction must consider the following three factors to meet this burden: 1) the nature and gravity of the offense; 2) the time that has passed since the conviction or completion of the sentence; and 3) the nature of the job held or sought.”

It would seem like a no-brainer to say no to someone who has been arrested but not convicted of a crime, but it’s this type of situation that could cause you problems. Read Can You Refuse to Hire a Felon? by our partners at Fisher & Phillips to see some of their suggestions.


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