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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
