At the breakfast meeting on Tuesday sponsored by the “Justice and Mercy” organization, which advocates the mentoring of prisoners upon their release, panelists and audience members lamented employers routinely refusing to hire persons with records of convictions.
A NewsLanc reporter commented that he was of the opinion that the law prohibited refusing to hire an ex-con unless the nature of his conviction would conflict with his duties. None of the panelists nor the audience was aware of such a law.
As a public service, the law firm of McNees, Wallace & Nurick researched and provided the following excerpt from the statute:
18 Pa.C.S.A. § 9125. Use of records for employment
(a) General rule.–Whenever an employer is in receipt of information which is part of an employment applicant’s criminal history record information file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with this section.
(b) Use of information.–Felony and misdemeanor convictions may be considered by the employer only to the extent to which they relate to the applicant’s suitability for employment in the position for which he has applied.
(c) Notice.–The employer shall notify in writing the applicant if the decision not to hire the applicant is based in whole or in part on criminal history record information.
Unfortunately, applicants often fail to disclose their past convictions on their employment applications. Since most employers today run a criminal background check, the omissions are discovered and the applicants are refused employment for misrepresentation.
