Call to schedule a Consultation
855-716-2367
Your past doesn’t define your future, and it shouldn’t keep you from earning a living. If you’ve been unfairly denied a job because of a criminal record that has nothing to do with the position, you may have grounds for a claim. The team at Weisberg Cummings can help you fight back and secure the compensation you deserve.
Federal and Pennsylvania laws strictly forbid using criminal history to discriminate against qualified candidates. Under Pennsylvania’s Criminal History Record Information Act (CHRIA), a state law that protects workers from unfair hiring practices, employers cannot reject applicants for convictions that don’t relate to the specific job duties. A Federal appeals court ruling in 2026 reinforced these protections, confirming that employers must follow CHRIA obligations even when applicants voluntarily disclose their criminal history. Additionally, Title VII of the Civil Rights Act prohibits employers from using criminal records in ways that disproportionately impact specific demographic groups unless the policy is job-related and consistent with business necessity.
You could have a valid workplace discrimination claim based on a background check if any of the following scenarios apply:
You were rejected because of inaccurate, outdated or false information in a background check.
The employer rejected your application but failed to give you the required written notice or a copy of the background report they used.
Your employer asks about or checks your criminal record earlier in the process than is allowed under Pennsylvania law, or they go further back into your criminal history than is allowed under Pennsylvania law or the relevant laws in your location.
If an employer denies your application due to a conviction while accepting applicants of a different gender, race or religion with similar records, it may be grounds for a claim.
The employer factored arrests, summary offenses or expunged records into their decision, a direct violation of CHRIA, which strictly limits consideration to misdemeanor and felony convictions.
Pursuing a discrimination case goes beyond financial compensation. It’s also about holding employers accountable and reclaiming your livelihood and dignity. Understanding potential outcomes can help you make informed decisions about moving forward.
If your case succeeds, you may recover actual damages, including lost wages and compensation for the psychological distress caused by the discrimination. Under CHRIA, courts must award at least $100 per violation. For intentional, malicious discrimination, courts can impose punitive damages ranging from $1000 to $10,000 to set an example and deter future violations. Winning your case typically means the employer must reimburse your attorney’s fees, which can significantly reduce your out-of-pocket costs.
At Weisberg Cummings, we treat every client with genuine respect and dignity. We understand that criminal record discrimination isn’t just another case number, but your livelihood, future and family’s security. We take the time to listen, validate your claims and fight for cases others might dismiss. We know how to navigate complex employment claims and build strong cases that hold discriminatory employers accountable, ensuring you receive the attention and advocacy you deserve.
Trust The Professionals
Contact
An irrelevant past conviction shouldn’t dictate your future career. If you believe you’ve been denied employment due to criminal background check discrimination, reach out now. With over 50 years of combined experience, we’ve secured life-changing results for workers facing discrimination. Our attorneys genuinely want to help you move forward with dignity. Request your free consultation today online or call us at (855) 716-2367 to reclaim your future.
"*" indicates required fields
