Can You Refuse to Hire a Sex Offender?

As an employer and business owner, you have a duty to maintain a safe workplace and protect your customers. To these ends, one day you may need to inquire about the legality of refusing to hire a sex offender, or, if you already did, terminating an offender’s employment. Unfortunately, there’s no definite answer to this inquiry. In most situations, there is a fine line between adhering to state laws limiting the use of convictions in employment decisions, and the responsibility not to engage in negligent hiring. On these grounds, state laws addressing the use of convictions in employment tend to mirror legal rules governing negligent hiring . Under these laws, to refuse to hire a sex offender (or any criminal), there generally must be a connection between the job and the criminal offense such that employment would create an unreasonable risk to your employees and customers. An analysis under this rule would include gathering information about the type of sex crime and victim, your employees and your customers. Would the offender employee be exposed to persons similar to his victim? Would the offender be left unsupervised with other employees or customers? For example, you may have to consider hiring a male sex offender for a construction position when there are no female employees and all duties are completed in public. You, however, are not required to hire a sex offender in a job that grants access to children and other vulnerable populations. Ultimately, whether you may legally refuse to hire a sex offender is a fact-intensive inquiry that relies heavily on state laws. If you come across such a situation, it is wise to first consult with an attorney . Related Resources: Pre-Employment Background Check Laws (FindLaw) Negligent Hiring: Criminals in Nursing Homes (FindLaw’s Free Enterprise) Can I be Sued Over an Employee’s Criminal Record? (FindLaw’s Free Enterprise)

See more here:
Can You Refuse to Hire a Sex Offender?

Twitter Follow

Follow us on

Contact Us

ATTORNEY ADVERTISEMENT:  This communication or portions thereof may be considered "advertising" as defined by Section 6157(c) of the California Business and Professions Code or within the jurisdiction in which you are viewing this.  Nothing in the discussion above is intended to be a representation or guarantee about the outcome of any legal proceeding in which you may be involved.  By providing the information above in this format, Michel & Associates is not soliciting you to hire it to handle a specific legal matter you may currently have or be anticipating commencing in the future.  Notwithstanding the discussion above, you should not act or refrain from acting on the basis of any content on this site without seeking appropriate legal advice regarding your particular circumstances from an attorney licensed to practice law.  This communication is informational only and does not create an attorney-client relationship between you and Michel & Associates.  Michel & Associates's attorneys are licensed to practice in California, Texas, and the District of Columbia.