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Under this test, employers must consider the job-relatedness of a conviction, the circumstances of the offense, and the number of offenses (EEOC Compliance Manual, 604 Appendices).State law prohibits employers, including the state and its political subdivisions, from taking certain actions against people who have their conviction records erased by an absolute pardon.Its regulations allow the state to dismiss employees who are convicted of a (1) felony, (2) misdemeanor committed while on duty; or (3) misdemeanor committed while off-duty that could affect their job performance (Regs. In most cases, it must give employees notice and a hearing prior to dismissal.And a union member may grieve and get an arbitrator’s ruling on whether the conviction was just cause for discharge under the specific terms of the union contract.
The state Personnel Act permits state agencies to discharge classified employees for incompetence or “other reasons relating to the effective performance of [their] duties” (CGS 5-240(c)).)The EEOC has ruled repeatedly that covered employers cannot simply bar felons from consideration, but must show that a conviction-based disqualification is justified by “business necessity.” The legal test requires employers to examine the (1) nature and gravity of the offense or offenses, (2) length of time since the conviction or completion of sentence, and (3) nature of the job held or sought.The law defines a “firearm” as a “sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or other weapon, whether loaded or unloaded from which a shot may be discharged” (CGS 53a-3(19)).A person convicted of a felony is not eligible for an eligibility certificate or a permit to carry a pistol or revolver and the certificate or permit is automatically revoked for conviction of a felony (CGS 29-28, 29-36i).
The State Board of Education (SBE) can revoke a teacher or school administrator certificate or an authorization or permit (such as those held by athletic coaches, substitute teachers, and teachers teaching outside their endorsement area) of a person convicted of a crime of moral turpitude or of such a nature that the board feels that allowing the holder to keep the credential would impair the credential’s standing (CGS 10-145b(m)(1)).