After scoring a win for people with a criminal history seeking employment, a truck driver notched another victory in his discrimination lawsuit against a large carrier.
With the potential to make a middle-class income, trucking has attracted a diverse group of people. That includes those with a criminal history who are looking for a second chance to turn their lives around.
However, many employers are reluctant to hire anyone with a criminal history. One study revealed that a third of people released from a federal prison do not find a job within four years. That can force many former convicts to go back to a life of crime.
To avoid discrimination against people with a criminal history, several states have laws protecting them from being denied a job just because of their past. That includes Pennsylvania’s Criminal History Records Information Act.
One truck driver with a criminal history found out the hard way that there are some loopholes within anti-discrimination laws. Loopholes that he ended up closing.
Rodney Phath applied for a truck driver job with Warren, Mich.-based Central Transport at its Hatfield, Pa., facility in December 2023. Phath possessed a CDL and Transportation Worker Identification Credential card.
During the interview process, Phath told a Central Transport representative that he was convicted of armed robbery in 2008. His record had been clean for 15 years. The company rep immediately informed Phath that he could not be hired because of his criminal history.
The Pennsylvania law allows employers to consider criminal history only if it is relevant to an applicant’s suitability for the specific job. Pennsylvania also has a “clean slate” law that can seal certain felony convictions after 10 years.
Phath sued Central Transport, claiming it violated protections under the Criminal History Records Information Act. Central Transport counterargued that the law applies only to criminal history records, not voluntary disclosures.
That nuance ended up being a legal battle. Phath argued that if voluntary disclosures were exempt from criminal history protection laws, employers could circumvent them by pressuring applicants to make those disclosures.
A district court sided with Central Transport’s interpretation of the law. However, the Third Circuit Court of Appeals overturned that decision in February, finding that criminal history information is not restricted to files and can include verbal disclosures.
The ruling gave job applicants with a criminal history broader protections from discrimination.
“Job hunting is never easy; having a criminal conviction makes it much harder,” Circuit Judge Stephanos Bibas states in the opinion. “So, Pennsylvania law limits when and how employers may use an applicant’s criminal history.”
Phath’s case was sent back to the district court. In June, Phath and Central Transport filed jointly to have the case dismissed with prejudice, suggesting a settlement had been reached outside of court. Attorney’s involved in the case could not comment on the case but noted that the matter has been resolved. LL
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