From: legal_reality
Subj: Fwd: Won’t Hire a Felon? A Government Lawsuit May Follow
Subj: Fwd: Won’t Hire a Felon? A Government Lawsuit May Follow
6 July A.D. 2013
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-------- Original Message --------
-------- Original Message --------
Subject:
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Won’t
Hire a Felon? A Government Lawsuit May Follow
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Date:
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Fri,
5 Jul 2013 20:04:19 -0400
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A BMW X6 being assembed in the company’s South
Carolina
plant.
Bloomberg News
Should an employer be allowed to reject all job applicants with
criminal records? TheU.S. Equal Employment Opportunity Commission thinks
not, and announced today it is suing two employers, auto maker BMW BMW.XE -2.22% and retailer Dollar General DG +1.76%,
saying the practice disproportionately screens out African American candidates.
Via an EEOC announcement:
A BMW
manufacturing facility in South Carolina, and the largest small-box discount
retailer in the United States violated Title VII of the Civil Rights Act by
implementing and utilizing a criminal background policy that resulted in
employees being fired and others being screened out for employment, the U.S.
Equal Employment Opportunity Commission alleged in two lawsuits filed today.
The EEOC’s
Charlotte district office filed suit in U.S. District Court of South Carolina,
Spartanburg Division against BMW Manufacturing Co., LLC, and a separate suit
was filed in Chicago against Dolgencorp, doing business as Dollar General.
Title VII of the Civil Rights Act of 1964 — the same act that
mandated the creation of the EEOC — forbids racial discrimination against job
applicants. “Since issuing its first written policy guidance in the 1980s
regarding the use of arrest and conviction records in employment decisions, the
EEOC has advised employers that under certain circumstances, their use of that
information to deny employment opportunities could be at odds with Title VII,”
said said EEOC Chair Jacqueline A. Berrien.
The EEOC has significantly increased its anti-discrimination
actions during the Obama administration — from less than 50 active
investigations in 2006, it carried out more than 600 in 2011, the AP
reported last year:
The
commission decided in 2006 to make systemic cases a priority but was hamstrung
by major budget cuts during the Bush administration. EEOC staffing levels were
trimmed by nearly 25 percent. Funding was restored once Obama took office, and
the agency has hired hundreds of new investigators and experts to tackle the
cases.
“There is no Federal law that clearly prohibits an employer from
asking about arrest and conviction records,” the EEOC says in an explainer on criminal background checks.
“However, using such records as an absolute measure to prevent an individual
from being hired could limit the employment opportunities of some protected
groups and thus cannot be used in this way.”
Instead of blanket rejections of all applicants with criminal
histories, companies should give an applicant “the opportunity to explain the
circumstances of the arrest(s) and should make a reasonable effort to determine
whether the explanation is reliable.” Employers should then decide whether the person
can be trusted to do the job, the Commission says.
Here’s how the EEOC puts it in its Q&A on criminal history checks:
Even where
employers apply criminal record exclusions uniformly, the exclusions may still
operate to disproportionately and unjustifiably exclude people of a particular
race or national origin (“disparate impact discrimination”) If the employer does
not show that such an exclusion is “job related and consistent with business
necessity” for the position in question, the exclusion is unlawful under
Title VII.
The EEOC’s full guidance to employers on the issue — more than
22,000 words of it — is available here.
See also:
Government Cracking Down On Workplace Racism – AP
Perform Criminal Background Checks at Your Peril – WSJ Opinion
There’s No Peril in Following EEOC’s Hiring Guidance – Letter to WSJ From EEOC Legal Counsel
Government Cracking Down On Workplace Racism – AP
Perform Criminal Background Checks at Your Peril – WSJ Opinion
There’s No Peril in Following EEOC’s Hiring Guidance – Letter to WSJ From EEOC Legal Counsel
AND NOTE: Obama's
Covert Trade Deal! http://www.brendanhunt.com/1/post/2013/07/alert-obamas-covert-trade-deal.html
1 comment:
So many people picked on by the police.
Get their freedom taken away by being moved to a jail without just cause.
Get told that they are charged with some obscene crime that if you had money a paid lawyer could get the charges reduced to a misdemeanor.
Sign bonds and bail out only to have to 'fight' the charges in court.
Get set up with a felony conviction and lose their job, could lose their job, job in jeopardy, hard time getting hired.
There is two sides to every story.
The one who wrote the article is telling one.
The real criminals don't even have a felony record and they have jobs in the government, banking, and other high profile/high paying positions.
Check out the one who took customer segregated funds, or the one who's business has taken many homes, or the one who gave a settlement agreement to banks that allowed them to settle with people for $300 and not appeal the decision to pay only $300.
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