Can I Sue for Job Denial Over DUI Under PA CHRIA?

Question from Moose, Can I Sue for Job Denial Over DUI Under PA CHRIA?

Answer from AI:

In evaluating whether you can sue your employer for violating the Pennsylvania Criminal History Record Information Act (CHRIA), several factors come into play:

1. Understanding CHRIA: The Pennsylvania CHRIA is designed to protect individuals with criminal records from unfair employment discrimination. It includes provisions like “ban the box,” which prohibits employers from asking about criminal history on initial job applications, though this may vary depending on the employer and job type.

2. Background Check Procedures: The Uniform Justice System (UJS) in Pennsylvania outlines that only the PA State Police are authorized to conduct criminal background checks. If your employer used a different method, they might have violated procedural requirements.

3. Nature of the Offense: A DUI from 2013 is a misdemeanor. CHRIA typically covers such offenses, especially for jobs unrelated to the crime, such as a cashier position.

4. Time Limitations: CHRIA may have provisions limiting how far back employers can consider criminal history. A conviction over 10 years old might be beyond this limit, depending on the law.

5. Adverse Action Process: Employers must often provide an opportunity for individuals to explain or dispute background check findings. If your employer failed to do this, it could constitute a violation.

6. Legal Recourse: Determine if CHRIA allows for private lawsuits or if enforcement is through a government agency. You might need to file a complaint first before pursuing legal action.

7. Damages: Assess if the denial caused you financial or other harm, which is necessary for claiming damages.

Conclusion: Given these considerations, consulting a legal professional specializing in Pennsylvania employment law is advisable. They can provide tailored advice and help determine if your employer violated CHRIA, guiding you on potential legal steps.