Working on temporary basis

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Joseph has been working on a temporary basis for ABC. He was filling in for a janitor who had to take leave because of a car accident. During the several months that Joseph worked at ABC, they found him to be pleasant and hard-working. He had a good attitude and got along well with his coworkers and supervisors. When ABC discovered that the employee would not return to the janitorial position, they urged Joseph to apply for the job. ABC also told Joseph he had the position contingent upon the results of his background check. The background check revealed that Joseph had been arrested for disorderly conduct, violating the "open container" law, and was convicted of a DUI. All of these incidents happened over five years ago. After the background check, ABC informed Joseph they would not be able to hire him. Joseph's attorney contacted ABC and informed them that Joseph will be filing a claim with the EEOC. ABC contacts you for your legal advice about whether Joseph has a valid claim. The following conversation takes place. You: Why did you offer Joseph the position permanently? ABC: Because he was reliable and pleasant, performed the work very well, and got along with everyone. You: Why did you decide not to hire Joseph? ABC: Because of his record. You: Was there any other reason? ABC: No, Joseph was a perfect candidate otherwise. You: Why was his record so important? ABC: We just think it is inappropriate to have any employees here who have a criminal record. Discuss

Reference no: EM133673036

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