EEOC: Businesses Must Prove "Necessity" for Not Hiring FELONS

[presence]

http://online.wsj.com/article/SB10001424127887323701904578276491630786614.html


If a background check discloses a criminal offense, the EEOC expects a company to do an intricate "individualized assessment" that will somehow prove that it has a "business necessity" not to hire the ex-offender (or that his offense disqualifies him for a specific job). Former EEOC General Counsel Donald Livingston, in testimony in December to the U.S. Commission on Civil Rights, warned that

employers could be considered guilty

of race discrimination

if they choose law abiding applicants
over applicants with criminal convictions

[JK/SEA]

this could open the door for hiring more cops...

[pcosmar]

Background checks are a problem, but I'm not sure that more regulations are a solution.

Perhaps eliminating Background Checks altogether would be a better option. As well as Piss tests.

I have had some experience with this crap.
:(
.

[FunkBuddha]

Background checks are a problem, but I'm not sure that more regulations are a solution.

Perhaps eliminating Background Checks altogether would be a better option. As well as Piss tests.

I have had some experience with this crap.
:(
.

Or eliminating the law that makes a felony stays with you FOREVER.

I think "background checks" will be a thing of the past here soon. We have the internet now. An arrest/mugshot will be stored online indefinitely so I'm sure employers will be able to find it. Even though it isn't a conviction, it won't matter it will still be used against you.

I have some experience with this crap as well.

[phill4paul]

So is this an admission that the drug laws that create felons are inherently racist?

[presence]

Or eliminating the law that makes a felony stays with you FOREVER.

All criminal records should be given a date to be expunged at the time of sentencing and the expungement period, after the completion of sentencing, should never be longer than the sentence itself.

[presence]

So is this an admission that the drug laws that create felons are inherently racist?

Kind of like that... but cancerous.

[phill4paul]

All criminal records should be given a date to be expunged at the time of sentencing and the expungement period, after the completion of sentencing, should never be longer than the sentence itself.

This sounds reasonable.

[acptulsa]

So is this an admission that the drug laws that create felons are inherently racist?

No, couldn't be--I mean it is, but it isn't, because government admits nothing.


Kind of like that... but cancerous.

Such a wise move in an economy like this to make employers more afraid to hire people than they already are.

[angelatc]

All criminal records should be given a date to be expunged at the time of sentencing and the expungement period, after the completion of sentencing, should never be longer than the sentence itself.


At least the first one. If a person gets a felony conviction in his early 20's, then never gets anything more than a traffic ticket for the rest of his life, then he should be at least able to apply to have the felony expunged.

[acptulsa]

At least the first one. If a person gets a felony conviction in his early 20's, then never gets anything more than a traffic ticket for the rest of his life, then he should be at least able to apply to have the felony expunged.

The part that gets me is that every arrest is cataloged online these days, and whether they were convicted or acquitted is decidedly relegated to the fine print. I remember a time when being found not guilty got all records of the arrest expunged.

Guilty even after being proved innocent. Is this what America means to you?

[otherone]

If the state ever gets it's big meaty claws on you, they may as well execute you and be done with it. Enduring our system of jurisprudence in the USA is more onerous than summary execution.

[MelissaWV]

Interesting how this likely fits in to a cycle of shame.

As others have pointed out, once a felon always a felon. It's there. You are already scrutinized and often dismissed for "more qualified candidates." It will punch holes in your resume and make most places hire a wet behind the ears teenager before you.

Now, though... well this is saying the companies have to show why they won't hire you. In addition to being another really stupid regulation (and what company can't squint at your resume and just say "he's not experienced enough" since your prior jobs probably sucked, and you didn't get very good work experience in prison), even if this worked and you were hired, what then? Oh look there's Joe. You know Joe did time, right? Yeah they were FORCED to hire Joe, but I don't have to be forced to like 'im....

This does no one any good except the people now paid to enforce it.

[pcosmar]

This does no one any good except the people now paid to enforce it.

A few years ago, I worked for a very good company,, and my "situation" was known. My Parole Officer visited my workplace often.

Was never an issue.. Even had an FBI Background check done so I could work in a "Secured Port Area".

Now I can not get hired for even menial labor. Walmart will not hire me to push carts in from the parking lot.
I can't get hired to sweep floors or shovel shit. (literally,, I have tried).

The background checks have gotten out of hand.. I have no doubt that it also hurts employers too..
Guys who are trying to put their lives back together will make the very best employees.

[coastie]

At least the first one. If a person gets a felony conviction in his early 20's, then never gets anything more than a traffic ticket for the rest of his life, then he should be at least able to apply to have the felony expunged.


Many states currently allow this, I know for a fact Florida does it, I know at least 3 people have have filed for-and received-what they call a "Rights Restoration", or something like that.

Come to think of it, while I know they can now vote, I never thought to ask them if they can now buy a gun as well...I'm going over to one of these people's house later, I'll ask him if I remember. None of the aforementioned people had violent Felonies. In Florida, anything over 20 grams of pot = FELONY. Fucking ridiculous.

[pcosmar]

Many states currently allow this, I know for a fact Florida does it, I know at least 3 people have have filed for-and received-what they call a "Rights Restoration", or something like that.

Come to think of it, while I know they can now vote, I never thought to ask them if they can now buy a gun as well...I'm going over to one of these people's house later, I'll ask him if I remember. None of the aforementioned people had violent Felonies. In Florida, anything over 20 grams of pot = FELONY. Fucking ridiculous.

NO Guns. EVER. (as it presently stands)
Nothing short of a Full Pardon,, and Jumping through all required hoops to remove you from the "Prohibited Persons" lists.

I was told that for approx $150K (legal Fees/Bribery) it can be done.

[phill4paul]

NO Guns. EVER. (as it presently stands)
Nothing short of a Full Pardon,, and Jumping through all required hoops to remove you from the "Prohibited Persons" lists.

I was told that for approx $150K (legal Fees/Bribery) it can be done.

I suppose it depends on the state in which you reside, whether or not it was a federal felony conviction or state and whether it was a violent crime. Here's a 2010 N.C. law granting restoration in certain cases.

http://nccriminallaw.sog.unc.edu/?p=1444

A friend of mine with a non-violent drug felony just got his restoration.

[pcosmar]

I suppose it depends on the state in which you reside, whether or not it was a federal felony conviction or state and whether it was a violent crime. Here's a 2010 N.C. law granting restoration in certain cases.

http://nccriminallaw.sog.unc.edu/?p=1444

A friend of mine with a non-violent drug felony just got his restoration.
Lets see how that goes if he is ever found in possession..
http://www.atf.gov/firearms/how-to/identify-prohibited-persons.html



Identify Prohibited Persons

The Gun Control Act (GCA) makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms. 18 USC 922(g). Transfers of firearms to any such prohibited persons are also unlawful. 18 USC 922(d).

These categories include any person:

Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
convicted of a crime punishable by imprisonment for a term exceeding one year;
who is a fugitive from justice;
who is an unlawful user of or addicted to any controlled substance;
who has been adjudicated as a mental defective or has been committed to any mental institution;
who is an illegal alien;
who has been discharged from the military under dishonorable conditions;
who has renounced his or her United States citizenship;
who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).


I say this,,because I had a Restoration of Rights.
Now I have another Felony Conviction.
:(
.

[tod evans]

Do not kid yourselves, if a person has a felony conviction he will not get his legal right to bear arms restored...

The only up side to all of this hoopla by the do-gooders is that the ranks of felon in possession of a firearm will increase exponentially..

With that increase might come some real change...........Sad thing is any change will most likely require copious amounts of blood..

[phill4paul]

Lets see how that goes if he is ever found in possession..
http://www.atf.gov/firearms/how-to/identify-prohibited-persons.html



I say this,,because I had a Restoration of Rights.
Now I have another Felony Conviction.
:(
.

I will certainly inform him regarding this.

[pcosmar]

I will certainly inform him regarding this.

Also,, The Shotgun was my Wife's gun, It was simply hanging on the wall in our house.
They Called it "Constructive Possession".

It was a Gift from a family member that was retired LE. He believed that the gun was entirely legal as well.

The court decided differently.

[CPUd]

NO Guns. EVER. (as it presently stands)
Nothing short of a Full Pardon,, and Jumping through all required hoops to remove you from the "Prohibited Persons" lists.

I was told that for approx $150K (legal Fees/Bribery) it can be done.

^^ this is the only real way to do it.

After that, you will need to deal with the data comapnies like Choicepoint, to get the old stuff removed.

[sailingaway]

This is the government's own damned fault. When they make every college student with a grow light and their great aunts with terminal cancer into felons, it is their own fault if after release from prison they aren't welcomed eagerly into jobs to let government grasp more in taxes.

[mad cow]

From the article:

At the same time that the EEOC is practically rewriting the law to add "criminal offender" to the list of protected groups under civil-rights statutes, the agency refuses to disclose whether it uses criminal background checks for its own hiring. When EEOC Assistant Legal Counsel Carol Miaskoff was challenged on this point in a recent federal case in Maryland, the agency insisted that revealing its hiring policies would violate the "governmental deliberative process privilege."

Somehow,I think a whole pile of government agencies are exempt from this horse crap.

[jmdrake]

Background checks are a problem, but I'm not sure that more regulations are a solution.

Perhaps eliminating Background Checks altogether would be a better option. As well as Piss tests.

I have had some experience with this crap.
:(
.


Or eliminating the law that makes a felony stays with you FOREVER.

I think "background checks" will be a thing of the past here soon. We have the internet now. An arrest/mugshot will be stored online indefinitely so I'm sure employers will be able to find it. Even though it isn't a conviction, it won't matter it will still be used against you.

I have some experience with this crap as well.


So is this an admission that the drug laws that create felons are inherently racist?

So much win in this thread! But the reality of the "just us" system is even worse. While you're waiting for your trial, your "pending charges" show up in background checks as well. Sometimes prosecutors will offer you expungible probation, but they don't have to. So say if you know your innocent? If you're offered expungible probation you may be tempted to take the deal (and lose your chance to win a wrongful arrest lawsuit) just to get it off your record as soon as possible. :(

[Working Poor]

Why don't they just clear the record when someone gets out of prison or gets off probation if they are so worried about discrimination?

[tod evans]

Why don't they just clear the record when someone gets out of prison or gets off probation if they are so worried about discrimination?

Are you serious?

Think of all the government workers who'd be out of a job...;)

[TywinLannister]

Or eliminating the law that makes a felony stays with you FOREVER.



This is a concept I would like to see explored more. A criminal record is essentially still a sentence. If someone has "paid their debt to society" why are they still being punished? If your argument is that people should know about someone's criminal record, you imply that the person is still a danger to society, which begs the question, why were they released in the first place?

The major downside that all the former felons would be able to vote and would almost all vote for democrats.

[tod evans]

The major downside that all the former felons would be able to vote and would almost all vote for democrats.

Your reality is different than mine, I know many "felons" and I'm very comfortable saying that to a man they'd back Ron Paul..

[Pericles]

Go down fighting.

[pcosmar]

The major downside that all the former felons would be able to vote and would almost all vote for democrats.

Most can vote. I do. and I seldom vote for "D".
I am an Independent voter.. I don't vote party line.

[CPUd]

Nowadays, they do credit checks, too, but at least that stuff falls off the report after 7-10 years.

There might be a couple states now that only allow employers to go back 7 yrs on background checks. The reason they do all of this is because the actuaries at their insurance companies tell them to. The big corps started it, and the smaller ones followed along.

You can sit there and crunch numbers all day, but it is just common sense that if a person is coming to you for a job, they probably need money. And if not a lot of other companies will hire that person, you can probably end up with someone who will prove to be loyal over the long term. Let them crunch those numbers.

[DamianTV]

Maybe our Govt ought quit trying to turn absolutely everyone into Felons then.

[tod evans]

Maybe our Govt ought quit trying to turn absolutely everyone into Felons then.

It's coming.........

Everyone but those employed by government............(Them too if they speak out)

[asurfaholic]

My boss doesn't hire black people.

It might sound bad (Im not in this decision making process) but I believe it is his right to hire who he wants for whatever reason he wants.

[tod evans]

All "black people" are not felons..

All "felons" aren't black...

[newbitech]

http://online.wsj.com/article/SB10001424127887323701904578276491630786614.html






meh, let the business fail for not hiring the best candidate instead of relying on lessor candidates who haven't crossed the government.

[Danke]

Many Gov. and Corporations already do this.

The funny thing is, if I could hire women to do the same job for ~30% less, my whole work force would be women. I would put the competition out of business.

[oyarde]

Go down fighting.

Never surrender .

[oyarde]

My boss doesn't hire black people.

It might sound bad (Im not in this decision making process) but I believe it is his right to hire who he wants for whatever reason he wants.

Tell him I said the President is not black , he can hire him & Biden :)

[oyarde]

If he can find anything they can do....

[Philhelm]

this could open the door for hiring more cops...

I was not aware that cops were fired to begin with...