Adverse employment consequences triggered by criminal convictionsRecent cases interpret state statutes prohibiting discrimination

Adverse employment consequences triggered by criminal convictions

Recent cases interpret state statutes prohibiting discrimination

O'Brien

Christine Neylon

O'Brien, Christine Neylon

Dept. of Business Law, Carroll School of Management

Author

Darrow

Jonathan J.

Darrow, Jonathan J.

Author

text

article

2007monographic

2007

monographic

Englisheng

English

eng

electronicapplication/pdfdigitized other analog

electronic

application/pdf

digitized other analog

This Article surveys recent adverse employment action cases based on employees’ criminal convictions. The various formulations of anti-discrimination legislation adopted by Hawaii, Wisconsin, Pennsylvania, and New York are analyzed and compared. The ability of employers to use post-hoc discovery of criminal convictions to justify prior adverse employment actions is discussed, drawing examples from Wisconsin, Minnesota, and Oklahoma. Recently promulgated city and county ordinances prohibiting discrimination are described, as is the limited scope of protection available under existing federal law. The Article concludes that existing protections are both inconsistent and, in many cases, insufficient, and suggests that existing federal laws be amended to bring people with criminal histories more directly within the scope of their coverage.

Wake Forest Law Review0043-003X42v.4no.9911028pp. 991-10282007

Wake Forest Law Review

0043-003X

42v.4no.9911028pp. 991-10282007

42v.

4no.

no.

9911028pp. 991-1028

991

1028

pp. 991-1028

2007

Use of this resource is governed by the terms and conditions of the "Creative Commons Attribution-Noncommercial 3.0 United States" license (http://creativecommons.org/licenses/by-nc/3.0/us/)

Carroll School of Management. Dept. of Business LawBusiness Law

Carroll School of Management. Dept. of Business Law

Business Law

MChBEnglisheng

MChB

Englisheng

English

eng