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Can my daughter file a discrimination lawsuit for being fired as a felon?

Can my daughter file a discrimination lawsuit for being fired as a felon?

Q: What protections do felons have in the workplace?

Felons do not have specific protections under Illinois or federal law regarding employment discrimination based on their criminal history. Employers are generally free to make hiring and firing decisions based on felony status unless other discrimination laws apply.

Q: Are there any states that protect felons from job discrimination?

Some states have laws that limit discrimination against felons, particularly in specific sectors or after a certain period post-conviction. However, Illinois does not provide such protections, meaning employers can choose not to hire or retain individuals based on felony convictions.

Q: What should I do if I believe I was wrongfully terminated?

If you believe you were wrongfully terminated, consider consulting with an employment attorney to discuss your situation. They can help determine if any laws were violated and advise you on potential next steps, such as filing a complaint or seeking legal recourse.

Q: Can a company ask about felony convictions during the hiring process?

Yes, companies can ask about felony convictions during the hiring process. However, they must comply with applicable laws regarding how this information is used in hiring decisions. In Illinois, employers can consider felony convictions but must also follow fair hiring practices.

Full question:

I believe my 22 year old daughter was fired from her job at the local grocer . She was working in the deli. They held her job for 10 or 12 days while she was in jail; when she returned they asked her why she was in jail. She told them and now she is considered a felon. The store cannot have a felon employed at their store. Can she file a discrimination law suit or not?

Category: Employment
Subcategory: Discrimination
Date: 04/07/2025
State: Illinois

Answer:

Felon status is not a protected class for employment under Illinois or federal law. According to Illinois law (775 ILCS 5/1-102), discrimination is prohibited based on characteristics like race, color, religion, sex, national origin, age, and other specific statuses, but not on felony convictions. Therefore, your daughter likely does not have grounds to file a discrimination lawsuit based solely on her felon status.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can an employer fire someone for having a felony conviction?

Yes, an employer can fire someone for having a felony conviction, as felon status is not a protected class under Illinois or federal law. Employers have the discretion to set their hiring policies, including whether to employ individuals with felony records.