Posted on 08/29/2013 10:48:19 AM PDT by jazusamo
Pressured by the federal government, states and municipalities across the U.S. are adopting senseless measures restricting employers from asking job applicants about criminal history.
The Obama administration claims criminal background checks are discriminatory because they disproportionately exclude minorities—especially blacks—from hire. That’s why the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the nation’s workplace discrimination laws, is spending taxpayer dollars suing companies that run criminal background checks on job applicants.
Besides litigation, the administration is working behind the scenes by offering local governments “guidance” on passing measures banning criminal background checks. The laws are known as “ban the box” because they call for removing the question and check box that asks candidates if they’ve been convicted of a crime. So far three states have passed laws prohibiting employers from asking about criminal history and dozens of municipalities nationwide—including those in Ohio, Texas, Virginia, Pennsylvania and Delaware—have done the same, according to a nonprofit that advocates for workers’ rights.
Minnesota became the last state to pass a “ban the box” law a few months ago. The measure, which takes effect in 2014, prohibits employers from asking an applicant about his or her criminal history or performing a background check until the applicant has been selected for an interview or extended an offer of employment. The National Association for the Advancement of Colored People (NAACP) celebrated Minnesota’s law, writing in a press relese that as “Americans we believe in second chances.”
A legal news site notes that “of particular relevance to the Minnesota restrictions is the recent guidance from the Equal Employment Opportunity Commission regarding criminal background checks. That guidance expresses the EEOC’s view that employers should not deny employment based on arrest records and should utilize conviction records only after evaluating the nature of the job, the severity of the conviction, the time elapsed since the conviction and the applicant’s rehabilitative efforts.”
Bottom line: The feds are coercing local governments to make it illegal for private companies to properly vet job candidates. Assisting in the national movement is a “community organization” in California called Legal Services for Prisoners with Children. The group helped coin the phrase “ban the box,” claiming that the questions translate into “lifelong discrimination and exclusion because of a past arrest or conviction record.”
Just a few weeks ago a federal judge hearing one of the Obama administration’s many background-check discrimination cases in Maryland blasted the claims, calling them “laughable,” “distorted,” “cherry-picked,” “worthless” and “an egregious example of scientific dishonesty.” The lashing was delivered in a 34-page opinion lambasting the government’s expert data against a family-owned company that started using background checks after being a victim of embezzlement, theft, drug use and workplace violence.
Read more about EEOC
I don't accept that a background check is discriminatory, it only shows the persons previous actions, good or bad. The federal judge in the above Maryland case agrees.
“they disproportionately exclude minorities—especially blacks...” funny how they are also calling to ‘exclude minorities - especially blacks’ from owning firearms using the same mechanism, - background checks.
This will inevitably result in murders, rapes and assaults inside workplaces all across America. And there won’t be a damned thing you as an employer can do to protect your employees. (though you’ll still be on the hook for a civil suit after it happens)
Exactly...If this move succeeds employers will be wide open for lawsuits.
So the schools to prison problem will be solved with the schools to prison, to employer problem.............
Is this part of immigration reform?
Most Americans do not understand the catch-22 that employers are faced with when hiring people. On the one hand, they are supposed to be able to employ whomever they want, for any reason. On the other hand, there are rules for reasons why they can’t deny employment. An employer can be penalized for hiring an illegal alien. But they are not allowed to investigate a potential hire if they are suspicious of the documentation they present. During an interview, employers are not allowed to ask personal questions as a result of several employment laws and rules that could suggest a bias based on any number of discrimination rules.
This is one of a plethora of regulations (some small others damning) that is killing business in this country.
Felons got a better shot at being hired than conservatives!
Turn over your Facebook password, comrade
This is probably being pushed because so many in the current administration could never get any type of security clearance. Heck, I doubt Obama could pass the background check that would be normally be required of someone to carry his briefcase.
Well, the conclusion is that they commit a disproportionate amount of the crimes............
The Federal Judge was magnificent in that case and the filing by the EEOC was laughable. His opinion is well worth the read.
Or it could result in people being unable to get jobs unless they know someone on the inside who can vouch for them.
Agreed...I’m sure Obama himself and many of his administration appointees could not get a military secret clearance.
0bama wants more Ft. Hoods in workplaces throughout America? Everyone knew Hasan was a terrorist waiting to go off but did nothing about it for fear of upsetting the 0bamabots in the military.
Some of them (like 0bama) couldn’t even get a ‘Confidential’ clearance, let alone ‘Secret’.
Temujin
I used to think that was one of the coolest names I’d ever heard. A lot better than ‘jenjis’ anyway.
I am an employer and I tentatively hire someone. I want to issue him/her a weapon for their own safety, a little pea shooter, you know? So.....
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