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Author Topic: Employment and the Feds Back to Topics
Gidzmo

All-Star Author
Los Angeles

Posts:714
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Joined:May 2011
Message Posted: Feb 23, 2013 10:57:33 PM

Federal employment 'guidance'/felons

If this goes through, businesses risk federal meddling if they choose not to hire someone previously convicted of a crime. What do you think?"Though ex-convicts seeking work are not protected under Title VII of the 1964 Civil Rights Act, the EEOC guidelines suggest that rejecting applicants because of their criminal record is not enough.

Instead, businesses must also prove the criminal history would exclude an applicant from a specific job or duties and consider such factors as how long ago the crime was committed. The guidance tells businesses “they are taking a tremendous risk” by running such checks

The report also says federal law preempts state laws, including ones that would prohibit hiring ex-convict for some jobs, such as home health-care workers. So if companies reject a minority with a criminal history for the health-care job, for example, they now face a potential discrimination suit under Title VII".
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MarkJames
Champion Author Albany

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Points:44,620
Joined:Feb 2008
Message Posted: Feb 25, 2013 3:06:16 PM

The true punishment many criminals receive is the stigma that they carry with them long after incarceration, release and probation.

The law may consider their debt to society paid in full, however customers, employers, landlords, neighbors, family, and former friends may never trust them again.

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mudtoe
Champion Author Cincinnati

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Points:1,875,805
Joined:May 2008
Message Posted: Feb 25, 2013 1:44:44 PM

MM: "People charged with crimes and not yet convicted should be assumed innocent. The Constitution tells us so."



In order to help businesses get over their fear of the stigma of hiring felons and people out on bail, why don't you all on the left tell every business that you are calling to have someone come to your home to fix something that you would prefer a felon or someone on bail come to your home, because you want to give them a fair break? I'm sure if enough of you did that businesses would start hiring more felons and people on bail.


mudtoe


P.S. It probably wouldn't be a good idea for you to disclose to your home owner's insurance company that you are doing this.....



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MiddletownMarty
Champion Author Connecticut

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Points:322,565
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Message Posted: Feb 25, 2013 1:31:44 PM

The debt of an ex-con who has served his time should be considered paid-in-full. To automatically exclude ex-convicts who are seeking work simply funnels them back into the prison system.

People charged with crimes and not yet convicted should be assumed innocent. The Constitution tells us so.

[Edited by: MiddletownMarty at 2/25/2013 1:32:01 PM EST]
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MarkJames
Champion Author Albany

Posts:2,630
Points:44,620
Joined:Feb 2008
Message Posted: Feb 25, 2013 1:08:23 PM

Our employees handle expensive products, inventory, cash, checks, credit/debit cards, vehicles, tools, equipment, or work in customers' homes and businesses, so we have an exhaustive pre-screening process.
-------The government can give all the "guidance" they want, even make new laws, however most employers and landlords we know have numerous other ways to legally cull out those they determine to be a greater risk.

We've never had a job applicant with a criminal record that was better qualified for a job than numerous other job applicants that applied for the same job.

It only makes sense. Someone stupid enough to commit a crime and stupid enough to get caught likely isn't very smart, or very skilled.

[Edited by: MarkJames at 2/25/2013 1:08:46 PM EST]
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mudtoe
Champion Author Cincinnati

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Points:1,875,805
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Message Posted: Feb 25, 2013 9:51:40 AM

mj: "At the time he'd fired 1 helper for stealing from him and another for stealing from a customer's home."


That's already a big problem, but if this stands just think about how much it would increase the chances that the people you hire to do work in your home or on your property have criminal backgrounds. The best day job possible for a burglar is one where they get to legitimately enter people's homes in order to case the place.


mudtoe
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MarkJames
Champion Author Albany

Posts:2,630
Points:44,620
Joined:Feb 2008
Message Posted: Feb 24, 2013 10:51:45 AM

One of our subs was looking to hire a helper, but wanted to make sure they had a clean background, so he asked us how we performed background checks.

At the time he'd fired 1 helper for stealing from him and another for stealing from a customer's home.

We suggested he perform a web search and newspaper archive search first as many have been charged with crimes yet not convicted, some things don't show up, some things take time to show up, plus many have posted very unprofessional pictures and/or made very unprofessional comments online.
------When he ran a newspaper archive search, he discovered the 3 guys he had in mind all were charged with crimes, 2 were charged with multiple crimes, 1 was a registered sex offender, plus 2 had posted pictures flipping the middle finger online.

One made a facebook post about how he was going to kill some mutherfu$%ers and another made a facebook post about smoking weed.

He was shocked, but he shouldn't have been since in in 4 Americans have a criminal record, plus those are just the ones that have been caught/convicted. It's much worse in many of the poor high unemployment urban areas.

[Edited by: MarkJames at 2/24/2013 10:52:14 AM EST]
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