Can Employers in Pennsylvania Deny Employment Due to Pending Charges?

Question from Marty, Can Employers in Pennsylvania Deny Employment Due to Pending Charges?

Answer from AI:

In Pennsylvania, the legality of denying employment or terminating an employee based on pending criminal charges can be complex and depends on various factors, including the nature of the job and the specifics of the charges. This applies to both gig economy jobs like Uber and Lyft, as well as traditional employment.

Employment Decisions Based on Criminal Charges

Employers in Pennsylvania have some discretion when it comes to making employment decisions based on an applicant’s or employee’s criminal history. However, there are important legal considerations and protections in place:

• Fair Credit Reporting Act (FCRA): If an employer uses a background check to make employment decisions, they must comply with the FCRA. This includes providing a pre-adverse action notice, a copy of the background report, and a summary of rights before taking any adverse action.
• Pennsylvania Criminal History Record Information Act (CHRIA): Under CHRIA, employers can consider felony and misdemeanor convictions only to the extent that they relate to the applicant’s suitability for the job. Pending charges are not explicitly covered, but employers often consider them under the same principles.
• Equal Employment Opportunity Commission (EEOC) Guidelines: The EEOC advises that employers should not have blanket policies that exclude individuals with criminal records. Instead, they should consider the nature of the crime, the time elapsed, and the nature of the job.

Specific Considerations for Uber and Lyft

For gig economy jobs like Uber and Lyft, background checks are a standard part of the hiring process. These companies have specific policies regarding criminal charges:

1. Background Checks: Uber and Lyft conduct background checks that include criminal history. They may deny employment based on certain types of charges, especially those related to violence, sexual offenses, or driving-related offenses.
2. Pending Charges: Both companies may consider pending charges when making hiring decisions. If the charges are serious and relevant to the job (e.g., DUI for a driving position), they may deny employment or deactivate an existing driver.

Non-Gig Employees

For traditional employment, the approach can vary by employer and industry:

• Job Relevance: Employers are more likely to consider pending charges if they are relevant to the job. For example, a pending theft charge might be more concerning for a position involving financial responsibilities.
• Company Policies: Some companies have specific policies regarding pending charges and may place employees on leave or terminate employment depending on the nature of the charges and the company’s risk tolerance.

When to Seek Legal Advice

Given the complexities and potential for discrimination claims, it is advisable for both employers and employees to seek legal advice in situations involving pending criminal charges. Consulting with a legal professional can provide personalized guidance based on the specific circumstances.

Resources and Further Reading

For more detailed information, you can refer to the following resources:

• Fair Credit Reporting Act (FCRA)
• EEOC Guidance on Criminal Records
• Pennsylvania Criminal History Record Information Act (CHRIA)

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a legal professional for specific legal issues.