Question:
Continental Photo, Inc., is a portrait photography company. Alex Riley, a black man, applied for a position as a photographer with Continental. Riley submitted an application and was interviewed. In response to a question on a written application, Riley indicated that he had been convicted for forgery (a felony) six years before the interview, had received a suspended sentence, and was placed on five-year probation. He also stated that he would discuss the matter with his interviewer if necessary. The subject of the forgery conviction was subsequently not mentioned by Continental’s personnel director in his interview with Riley. Riley’s application for employment was eventually rejected. Riley inquired about the reason for his rejection. The personnel director, Geuther, explained to him that the prior felony conviction on his application was a reason for his rejection. Riley contended that the refusal to hire him because of his conviction record was actually discrimination against him because of his race in violation of Title VII. Riley felt that his successful completion of a five-year probation without incident and his steady work over the years qualified him for the job. Continental maintained that because its photographers handle approximately $10,000 in cash per year, its policy of not hiring applicants whose honesty was questionable was justified. Continental’s policy excluded all applicants with felony convictions. Decide. Would the result have been different if Riley had been a convicted murderer? [Continental Photo, Inc., 26 Fair Empl Prac Cas (BNA) 1799 (EEOC)]