Supreme Court: Employer Can’t Use Applicant’s “Unrelated” Past Crimes To Decline Jobs

[NUPGE] Does a pardon wipe away the stigma of a crime when a person applies for a job? Not completely, the Supreme Court of Canada has ruled in a Quebec case.

However, an employer cannot say no simply because of the “stigma attached” to a conviction, the court has ruled.

Where a pardon has been granted, or the crime is unconnected with the job being sought, an employer must demonstrate that some other reason exists to disqualify a person before he or she is turned down, the court has determined.

Example:

Interviewer: You were in prison?

Interviewee: Yes.

Interviewer: What for?

Interviewee: Three counts of armed robbery, one count arson.

Interviewer: Well, this is a telemarketing job, so no problem. So, what’s your favourite colour?

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s