[GA] Can a public employer deny employment based on dismissed criminal charges?

GA Employment

Barrister

67,189 satisfied customers

View context

Solved

Okay, unfortunately, under O.C.G.A. § 45-19-29, employers (including city governments) cannot discriminate based on things like race, sex, religion, disability, etc., but criminal history is not listed. What that means is that, in general, a city employer can consider criminal history (including dismissed charges) when making hiring decisions. While what the employer did was inequitable and unfair, it was not illegal. Unlawful discrimination only comes into play if you were rejected for being part of a protected class (gender, sexual orientation, age, disability, religion, national origin). With that said, you can ask the HR department for the city if there is any type of appeal process you can request to go through, so you have a chance to explain the situation and potentially change their mind regarding your employment.

Open Records Request

Full Conversation

I was denied employment due to a case in which the charges were dropped. The employer stated it's their position not to move forward with an applicant when something shows up through the local sheriff's department, regardless of the disposition.

Lexi, Chatbot

I'm sorry to hear about your experience with the employment denial; that must be frustrating. Can you tell me if you received any written communication from the employer regarding their decision?

Yes

Lexi, Chatbot

Have you had any prior discussions with the employer about your background or the specific case in question?

No, they will not discuss anything further.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your employment denial.

No.

Barrister

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer, as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.

Barrister

Is this a private employer or a government position? Also, what state is this in?

Local government (city). Georgia.

Barrister

Do you have any documentation or evidence regarding the employer's policy on background checks, especially concerning cases where charges were dropped?

I don't have documentation besides the denial, however I was told it's their policy or position not to move forward with an applicant where anything shows up regardless of the outcome. If they can see something, then it's a no.

Barrister

I was told there is no appeals process.

Barrister

Unfortunately, if they don't have any appeals process, and they apply this policy uniformly to all applicants, then from a legal perspective this is not going to be unlawful, so as to give you some type of recourse under the law. I am very sorry that I don't have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn't make the customer happy.

Understood.

Barrister

I am sorry that the news is not better. Did you have any other questions about this situation I can help with?

Hi, I have obtained the city's policy.

"C. Pre-Employment Testing and Background Checks. It is the policy of the city to require a pre-employment drug test, physical examination if related to the function of the position, and criminal background check for all newly hired regular and temporary employees as a condition of employment. Credit history checks are run on department directors and persons in cash handling positions or other applicable positions. Applicants must take a drug test and physical examination at the city's expense after an offer is made and prior to employment. All offers of employment are contingent upon verification of information by the applicant. Hiring decisions will be made based on the type of criminal conviction, the length of time since the conviction, and the duties and location of the job assignment. Criminal convictions will not be viewed as an automatic bar to employment."

Barrister

Based on that specific policy language, it would appear that they are violating their own policy, because they specifically state that criminal convictions will not be viewed as an automatic bar to employment. So following that line of reasoning, a case that is dismissed should not be considered an automatic bar to employment either. With that said, since this would be a civil matter, you would have to speak with a local civil law attorney or employment law attorney to see if there was some type of recourse you could take regarding their denial.

Barrister

67,189 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Liz

Lawyer

4.75 (46,691)

[OH] Can a company delay payment to an independent contractor after an acquisition?

Answered 5 hours ago

Lawyer, Esquire

Attorney at Law

5.00 (25)

[TN] How do you file a workers’ compensation claim for carpal tunnel syndrome?

Answered 4 days ago

Angelo M

Managing Attorney, Juris Doctorate

4.58 (16,470)

Is an independent contractor entitled to post-petition wages in a Chapter 11 bankruptcy?

Answered 6 days ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.