In Martin v. SIMOS, the District Court for the Middle District of Pennsylvania ruled that Pennsylvania’s Criminal History Records Information Act (“CHRIA”) only protects employee applicants from criminal conviction discrimination, not those who are already employed. SIMOS, an insourcing solution job center, terminated Robert Martin, who was hired through SIMOS to unload trucks for Lowe’s, because of his criminal history. Martin brought suit against SIMOS, claiming that SIMOS had violated the CHRIA.
When applying, Martin disclosed his criminal history and was told he was “good to go,” starting work at Lowe’s shortly thereafter. Not long after his hire, Martin was suspended because a female employee alleged that he had harassed her. Although the allegations turned out to be false and Martin returned to work, a human resources representative told him only one day after he returned that he would be terminated because of his criminal history. About a week after that conversation, SIMOS terminated Martin’s employment.