Skip to comments.EEOC Unveils New Hiring Regs
Posted on 02/16/2013 12:01:36 PM PST by John Semmens
The Equal Employment Opportunity Commissions newly updated hiring regulations pose dilemmas for firms on the matter of hiring ex-convicts. On the one hand, businesses are warned that refusal to hire ex-cons will expose the firm to charges of racial discrimination. On the other hand, businesses would still be liable for any crimes committed by their employees.
Jacqueline Berrien, Chairwoman of the EEOC defended the new rules as necessary to level the playing field. Given that African-Americans are seven times more likely to have served time in prison, a hiring policy that attempts to screen out felons would have a racially disparate impact. It is the Commissions position that any hiring practice that would tend to produce an imbalance in the racial composition of the firms workforce is, by itself, illegal. As the President has said on many occasions, a companys workforce should be a microcosm of the ethnic, racial, and sexual-orientation of all Americans.
Berrien said that the easiest way for firms to avoid systematic discrimination against former felons is to forgo a criminal background check as a normal part of its hiring process. I mean, if youre trying to hire a delivery driver, a carpet installer, or security guard is it really relevant that he may have served time in prison?
The Chairwoman deflected criticism that the new regulations might pose a danger to consumers because the consumer is still protected by tort liability laws. Any harm done to any customers by any of a its employees is still the responsibility of the business.
Todd McCracken of the National Small Business Association called the new rules a classic catch-22. If you dont make these risky hires the EEOC will be on your case. If you do you could be put out of business if one of these employees seriously harms someone. The safest course is to outsource as much as you can and hire as few people as possible.
if you missed any of this week's other semi-news/semi-satire posts you can find them at...
It’s getting harder and harder to tell these satirical pieces apart from the real news. We’re living in Bizaaro World.
Since when must your workforce be a microcosm of of the ethnic, racial, and sexual-orientation of all Americans?
You hire people to do work. You hire the best you can get regardless of arbitrary characteristics.
And you can’t hire felons for many jobs because of their record. They can’t even be in certain security areas of companies often because of their records.
Have worked murderers, manslaughter people among various
felons without extra ordinary problems, some until they retired. Those that steal always seam to continue the trade.
Also involved in 3 state fast food company a very short time,
that hired ex cons because state would pay to have them bonded, this was in middle 70’s.
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