Title VII and terminating employees with a criminal record

Q           Our company has five employees in direct-care roles who have felony convictions. We wish to expand, but state regulations prohibit individuals with felonies from providing direct-care services, so they wouldn’t be able to remain employed. However, we believe this could open us up to litigation, as the convictions were known at the time of hire. Would this fall under Title VII of the Civil Rights Act of 1964 or other antidiscrimination laws?

Based on the facts provided, firing these five employees will likely not expose the company to liability. Every state in the U.S., except Montana, presumes that the employment relationship is “at-will” unless modified by a contractual provision for a definite term or forbidding discharge absent just cause. This means that most employers may terminate employees at any time, and for any reason, so long as it does not violate state or federal law.

Title VII of the Civil Rights Act, and other federal laws, would likely not prohibit firing the employees because of their criminal record for purposes of meeting a jurisdiction’s regulations or laws for specific roles. To prove a Title VII claim, an individual must show that an adverse employment action occurred based on their protected status. Protected statuses include, race, color, religion, sex, national origin, and age (under the Age Discrimination in Employment Act). Notably, criminal status is not protected under Title VII.