Leavenworth, KS asked in Employment Law and Civil Rights for Kansas

Q: I am trying to find out if I have a case against a school district for not hiring me due to a felony conviction.

The school's website states that it does not discriminate based on arrest and conviction records but may consider where such events are substantially related to the job I applied for. I had a non person theft conviction and I applied to be a Para. I had an interview on June 24th and it went well other than being asked if I was related to a current employee and then being told she thought I had retired. Then 2 hours later I received a call asking for information about my felony. I received an email July 8th stating I was not being offered a position. My PO tried to help and the Superintendent said they don't hire felons.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: Given your situation, it seems that the school district's actions may conflict with their stated policy on non-discrimination based on arrest and conviction records. The key issue here is whether your felony conviction is "substantially related" to the job you applied for. Since you applied for a Para position and your conviction was for a non-person theft, there may be grounds to argue that the conviction is not substantially related to your ability to perform the job.

The fact that the superintendent stated they do not hire felons contradicts the policy mentioned on the school's website. This discrepancy could potentially be a basis for a legal case. It's important to gather all communication and documentation related to your application process, including the job posting, emails, and notes from your interview and interactions with the superintendent.

You may want to consider consulting with an employment attorney who can provide legal advice specific to your case and jurisdiction. They can help you understand your rights and evaluate whether you have a strong case against the school district for discrimination. Additionally, your probation officer's involvement might provide further support for your claim.

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