Montgomery County Adopts Anti-Bias Policies for Ex-Criminal Job Applicants
As part of a settlement, Montgomery County has agreed to adopt written standards meant to put it into compliance with state law geared toward giving those with criminal records a fair shot at employment with the county.
December 05, 2019 at 12:15 PM
3 minute read
As part of a settlement, Montgomery County has agreed to adopt written standards meant to put it into compliance with state law geared toward giving those with criminal records a fair shot at employment with the county.
The Public Interest Law Center announced the settlement Dec. 4. It resolves a lawsuit filed by Kara Gannon, a job applicant who alleged that the county twice rejected her for caseworker positions she claimed she was qualified for because of decade-old misdemeanor convictions, allegedly in violation of Pennsylvania's Criminal History Record Information Act (CHRIA).
Montgomery County denied any wrongdoing in Gannon's case, according to the law center. The county did not respond to a request for comment.
Gannon was represented by the center and Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig.
"Our client was well-qualified to serve as a caseworker for Montgomery County—and the county agreed," law center staff attorney Claudia De Palma said. "For the county to nevertheless bar her from employment based on old convictions that have nothing to do with her suitability for the job is not only unfair, it is unlawful. We hope that this case will lead more employers to adhere to the laws that protect job applicants like our client from discrimination based on mistakes that they have long-since paid for."
Peter Newman of Feldman Shepherd, De Palma's co-counsel, echoed the sentiment.
"An insignificant misdemeanor should not disqualify someone like our client from employment so many years later," Newman said, "particularly where her resume and references demonstrate that she turned her life around and obtained a college degree. We must break down barriers faced by people with convictions in their past."
Pennsylvania's Criminal History Record Information Act prohibits employers from considering convictions in hiring decisions unless they relate to the applicants' ability to perform in the job. The law center said Gannon's convictions were the "byproduct of an illness from which she has since recovered, have no bearing on her ability to succeed, especially in light of her proven track record working in the field."
The law center said after "successful" interviews Gannon submitted to background checking. Three days after she submitted her record, she received a letter informing her that the position had been "retracted" because it was "not required at this time."
"It's clear that Montgomery County has failed to give our client the fair consideration she deserved," De Palma said. "Through this case, we are seeking justice for our client, holding the county accountable, and reminding employers throughout Pennsylvania that these laws matter to the thousands of applicants with unrelated records seeking to move forward with their lives and careers."
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