25 C.F.R. § 63.19

When should an employer deny employment or dismiss an employee?

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(a) An employer must deny employment or dismiss an employee when an individual has been found guilty of or entered a plea of guilty or nolo contendere to any felonious offense, or any of two or more misdemeanor offenses under Federal, State, or Tribal law involving crimes of violence; sexual assault, sexual molestation, sexual exploitation, sexual contact or prostitution; crimes against persons; or offenses committed against children, except as provided in paragraph (c) of this section.

(b) An employer may deny employment or dismiss an employee when an individual has been convicted of an offense involving a child victim, a sex crime, or a drug felony.

(c) An employer may consider if a pardon, expungement, set aside, or other court order reaches the plea of guilty, plea of nolo contendere, or the finding of guilt.

[61 FR 32274, June 21, 1996, as amended at 64 FR 66771, Nov. 30, 1999; 85 FR 37564, June 23, 2020]

Notes of Decisions

Cited in 1 case, 2001–2001 · leading case: Johnson v. Dep't of Health & Human Servs., 18 F. App'x 837 (Fed. Cir. 2001).

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Johnson v. Dep't of Health & Human Servs., 18 F. App'x 837 (Fed. Cir. 2001). “25 C.F.R. § 63.19 (a) (1998) (stating that the employer “may deny employment or dismiss an employee when an individual has been found guilty of or entered a plea of guilty or nolo contendere to any Federal, state or tribal offense involving .”

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