Can you sue for discrimination based on a person's background check?

That depends upon a couple of factors.  As a general, Pennsylvania state law provides that an employer can only consider an applicant's past criminal history to the extent that those prior convictions relate to the applicant's suitability for the specific job sought.  So, for example, a person who has multiple convictions for driving under the influence and applies to be a commercial truck driver can have his/her application rejected on the basis of those prior convictions.  Some jobs, such as public or private education jobs, are required to have criminal background checks performed by separate state statute.  And, if an employer refuses to hire an applicant on the basis of the applicant's criminal history, the employer must notify the applicant.  Second, the EEOC has taken the position that criminal background checks may, in some instances, violate federal anti-discrimination laws if the practical effect of those checks negatively affects one racial group over another.  So, in your instance, if the employer has a practice of repeatedly hiring non-caucasian applicants who have criminal felony backgrounds, but denied a caucasian applicant with a felony background who was otherwise objectively qualified for the position, a claim for racial discrimination under Title VII may be made. Finally, it depends upon where the employer is actually located and does business.  Philadelphia, for example, recently adopted a new City Ordinance that prohibits employers with 10 or more employees from inquiring into an applicant's criminal history at all during the employment application process.  Michael J. Davey, Esq. mdavey@eckellsparks.com