Can you be denied a job simply due to a background check

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I applied for a job and was forthcomming with all background info I was offered the job pending background and drug screen, I passed the drug screen but a flag came up with the background check I was told that I would not be given the job due to a conviction I had that is 5 years old its a DUI the job does not involve driving a company vehical and I did not lie about my background i disclosed everything, I feel like a slap in the face, can they do this? I told them everything and they told me it would be fine I even gave two weeks notice at my last job when I got the email from this new job telling me that I would start on the 15 of this month. now I have no job and I feel like a dope.

Attorney Answer

1
Helena Downyok ·
You would be protected if discriminated against because of a protected class (sex, race, religion, etc.). However, your criminal history is not a protected class - even if you were forthcoming with any prior indiscretions. I would guess your would-be direct manager may have been willing to overlook it if it had not shown up (meaning, the corporation would have not learned of it). But the corporation overrules the would-be manager's preferences. Since the job was offered "pending the background" you likely do not have a viable claim due to your quitting your last job. However, some cities have ordinances that protect you where federal and state laws don't. Check with an attorney in your city.
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