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A change in discrimination laws, part two

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  • A change in discrimination laws, part two

    Considering the change in discrimination laws regarding criminal histories, I am confused. Too often I have applied for work I am certainly qualified to do, yet when they do a criminal background check, they tell me I'm turned down because I failed the background check. Except, every time I tell them exactly everything I have been convicted of. So in the end it all DOES check out. I fail to see how I fail the background when if anything I am showing my honesty.

    I don't get it. Can someone please explain this to me?
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

  • #2
    Sorry to rain on your parade.

    Originally Posted by cactus jack
    Considering the change in discrimination laws regarding criminal histories, I am confused. Too often I have applied for work I am certainly qualified to do, yet when they do a criminal background check, they tell me I'm turned down because I failed the background check. Except, every time I tell them exactly everything I have been convicted of. So in the end it all DOES check out. I fail to see how I fail the background when if anything I am showing my honesty.

    I don't get it. Can someone please explain this to me?



    Yes, the employer is exercising his right to refuse service to ANYONE..

    It's like you hear these words all the time,
    we are an equal opportunity lender,
    employer, housing, provider, etc.
    It is required reading for anyone who receives federal money in one way or another.
    Or so I was told.
    It's ONLY a requirement.... not a law. ( I think)
    If it were a law, then every employer would be gun shy because the Government would litterly have to hold gun to every employers head to hire someone they don't want.
    The idea is for you to feel all warm and fuzzy when you're filling out the applacation and think you have a shot at getting the job, and looking forward to your Kodak moment in the interview, but it don't happen. No warm and fuzzy, no Kodak moment and NO JOB.
    And you walk away questioning yourself if it was really worth being so honest about your criminal past. You never will get the job because as it stands THERE IS NO WAY TO PROVE YOU WERE NOT HIRED BECAUSE OF YOUR CRIMINAL HISTORY as long as the employer can look at it.
    As I've said before I think this new law is useless and toothless, it didn't cost the State a dime and it gets votes.
    ..________________
    ~ Political correctness is a doctrine, fostered by a delusional, illogical minority,
    and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that,
    it is entirely possible to pick up a piece of ***t by the clean end. ~ unknown
    Last edited by drruthless; 11-02-2012, 05:10 AM.

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    • #3
      Not knowing what you are guilty of or how it relates to the jobs you are applying for it is hard to know how to advise you. For that matter, the reason the EEOC cares about criminal background at all is because of the disparate impact on certain minority groups. I have never met you so I do not know what demographics you fall into to know if this is a factor or not. If it is, it can't hurt to at least contact a lawyer or the local EEO office and discuss your options.

      Absent that, I would advise having some really strong references lined up. From my experience in recruiting, those can overcome all manner of concerns and obstacles.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        My understanding

        Is that the EEOC has promulgated a rule which states that an employer policy which disqualifies all applicants based on the fact that they have been convicted of a felony is unlawful.

        An employer does not violate the law if they investigate the nature of the felony conviction or if the employer can enunciate a legimate business justification for the refusal to hire.

        The EEOC rule has not been tested in court. How the federal courts come down is anybodys guess.

        Eric

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