Home Depot discrimination????

[STUCKUP]

I was recently told by the store manager of my local Home Depot that i was the best and most qualified person for the job and he made me a job offer. I then took a drug test (I have been sober for more than 5 years) which I passed. They did a backround check and did not call me for a week so i called them and they said they could not hire me because of something. I was told to call the place that does their background checks to see what the criteria they were using was. so I did and they told me they did not know and to check with home depot. I call depot back he tells me he doesn't know and he won't hire me tells me "it's a corporate thing". I will tell you what i have on my record; 2 felonies (only one of which was listed on their background check) they were for fleeing a police officer in a motor vehicle and 5th dgree controlled substance both were at hte same time. That was over 5 years ago. here is what it says on the application "Do not include traffic violations, sealed or expunged records. An answer of yes to this question will NOT automatically disqualify you from consideration for employment. Factors such as the date and seriousness of the offense, and the relationship between the conviction and the duties/responsibilities of the applied for position, will be considered.
What are my options?
thanks

 

[cbg]

"Do not include traffic violations, sealed or expunged records." Neither was a traffic violation, and if either felony was either sealed or expunged, you did not say so.

'An answer of yes to this question will NOT automatically disqualify you from consideration for employment. " It doesn't say you'll automatically be hired, either.

"Factors such as the date and seriousness of the offense, and the relationship between the conviction and the duties/responsibilities of the applied for position, will be considered." It says they'll be considered. It does NOT say that they will be disregarded.

Now, I have a question for you. When you filled out your application, did you include these felonies?

 

[STUCKUP]

yes, and can they discriminate against me for having a drug problem 5 years ago.

 

[STUCKUP]

bmp

 

[cbg]

They cannot "discriminate against you" for being a recovered drug addict. But they can for having a felony on your record.

BTW, the only ILLEGAL discrimination is on the basis of race, religion, national origin, gender, disability (a RECOVERED drug addict may have protection in this area; a current user does not), pregnancy, or age (over 40 only). (Some, but by no means all, states include other groups, with marital status and sexual orientation being the most common.) It is NOT illegal to "discriminate" on the basis of criminal conviction in most if not all states.

 

[Rathi]

An honestly, as long as you can't prove it's because of race, orgin, etc. It's always the employers decision to hire, or not hire. I realize the manager told you one thing, but they apparently aren't interested in you now.

Is it bulls*&t..... yeah. Can you fight it? I really doubt it, and if you did, do you think you'd enjoy the job that you "forced" them to give you?? I think if you did eventually get the position, it would be very difficult to hold, cuz they'd probably be watching your every move, in hopes to get rid of you.

 

[freebird]

It is difficult but with regard to discrimination, the questions cannot be legally asked if they are not related to your position from what I understand. What job were you applying for? If it was a cashier's job this potentially might be relevant but if it were for a janitorial position it would not be a relevant question and could not be asked or not required to be answered. I could be wrong but that's what I understand.

Originally posted by Rathi
An honestly, as long as you can't prove it's because of race, orgin, etc. It's always the employers decision to hire, or not hire. I realize the manager told you one thing, but they apparently aren't interested in you now.

Is it bulls*&t..... yeah. Can you fight it? I really doubt it, and if you did, do you think you'd enjoy the job that you "forced" them to give you?? I think if you did eventually get the position, it would be very difficult to hold, cuz they'd probably be watching your every move, in hopes to get rid of you.

 

[cbg]

Actually, freebird, that's not the case (unless state law specifically says otherwise). At the Federal level, the ONLY questions that are downright illegal are ones that relate to disability or medical information, and even then there are (very occasional) exceptions. Even questions about marital status, age, religion etc. are not technically illegal (although using the information to make the hiring decision is).

At the state level, while the majority of states outlaw asking questions about arrests and/or expunged or sealed records, most uphold the right of the employer to ask about convictions. There are a few states - yours may be one of them, but they're not the majority - that limit such questions to convictions that would be materially connected to the job at hand.