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Old 02-16-2013, 06:07 AM   #1
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EEOC: We’ll Sue You If You Don’t Hire Criminals

More idiocy from the left..

The Obama administration’s Equal Employment Opportunity Commission says it should be a federal crime to refuse to hire ex-convicts — and threatens to sue businesses that don’t employ criminals.

In April the EEOC unveiled its “Enforcement Guidance on the Consideration of Arrest and Conviction Records,” which declares that “criminal record exclusions have a disparate impact based on race and national origin.”

The impetus for this “guidance” is that black men are nearly seven times more likely than white men to serve time in prison, and therefore refusals to hire convicts disproportionally impact blacks, according to a Wall Street Journal opinion piece by James Bovard, a libertarian author and lecturer whose books include “Freedom in Chains: The Rise of the State and the Demise of the Citizen.”

Most businesses perform background checks on potential employees, but the EEOC frowns on these checks and “creates legal tripwires that could spark federal lawsuits,” Bovard observes.

An EEOC commissioner who opposed the new policy, Constance Baker, said in April that the new guidelines will scare businesses from conducting background checks.

Reason: If a check does disclose a criminal offense, the EEOC expects a firm to do an “individual assessment” that will have to prove that the company has a “business necessity” not to hire the ex-convict. If the firm does not do the intricate assessment, it could be found guilty of “race discrimination” if it hires a law-abiding applicant over one with convictions.

Bovard points out that the “biggest bombshell” in the new guidelines is that businesses complying with state or local laws requiring background checks can still be sued by the EEOC.

That came to light when the EEOC took action against G4S Secure Solutions, which provides guards for nuclear power plants and other sensitive sites, for refusing to hire a twice-convicted thief as a security guard — even though Pennsylvania state law forbids hiring people with felony convictions as security officers.

Bovard quotes Todd McCracken of the National Small Business Association: “State and federal courts will allow potentially devastating tort lawsuits against businesses that hire felons who commit crimes at the workplace or in customers’ homes. Yet the EEOC is threatening to launch lawsuits if they do not hire those same felons.”

Bovard concludes: “Americans can treat ex-offenders humanely without giving them legal advantages over similar individuals without criminal records.”

Read Latest Breaking News from Newsmax.com http://www.newsmax.com/Newsfront/eeo...#ixzz2L4DhWQb1
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Old 02-16-2013, 07:56 AM   #2
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Will the EEOC protect companies against law suits from citizens when a hired felon commits another crime?
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Old 02-16-2013, 01:33 PM   #3
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Considering that the left wants to let illegals walk in no problem, but they want to turn business owners into criminals for hiring them, I would expect penalties to be assessed against the business that hired the criminal to keep from getting sued.
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Fascism is a religion of the state. It assumes the organic unity of the body politic and longs for a national leader attuned to the will of the people. It is totalitarian in that it views everything as political and holds that any action by the state is justified to achieve the common good. It takes responsibility for all aspects of life, including our health and well-being, and seeks to impose uniformity of thought and action, whether by force or through regulation and social pressure. Everything, including economy and religion, must be aligned with its objectives.
Old 02-16-2013, 02:28 PM   #4
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I asked the guy I work with if he was going to fire me & hire a black criminal so as not to break the muslim in cheifs law he asked me who would be responsable when they robbed someones house & I said you of coarse
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Old 02-16-2013, 03:01 PM   #5
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It would be interesting to see the federal government's record for hiring previously incarcerated job applicants.
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Old 02-16-2013, 04:42 PM   #6
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It would be interesting to see the federal government's record for hiring previously incarcerated job applicants.
Look at TSA..
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Fascism is a religion of the state. It assumes the organic unity of the body politic and longs for a national leader attuned to the will of the people. It is totalitarian in that it views everything as political and holds that any action by the state is justified to achieve the common good. It takes responsibility for all aspects of life, including our health and well-being, and seeks to impose uniformity of thought and action, whether by force or through regulation and social pressure. Everything, including economy and religion, must be aligned with its objectives.
Old 02-16-2013, 05:06 PM   #7
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You clearly have no idea how the EEOC works...thats ok...it wouldn't stop you from posting gloom and doom scare articles anyway.

And before you say one thing in an attempt to minimize how much I know, my line of work requires I work hand in hand with that agency...and I've done so for the last 12 years.
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Old 02-16-2013, 05:14 PM   #8
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You clearly have no idea how the EEOC works...thats ok...it wouldn't stop you from posting gloom and doom scare articles anyway.

And before you say one thing in an attempt to minimize how much I know, my line of work requires I work hand in hand with that agency...and I've done so for the last 12 years.
Good, then you explain to all us knuckledraggers exactly what this is about:

Bovard points out that the “biggest bombshell” in the new guidelines is that businesses complying with state or local laws requiring background checks can still be sued by the EEOC.

That came to light when the EEOC took action against G4S Secure Solutions, which provides guards for nuclear power plants and other sensitive sites, for refusing to hire a twice-convicted thief as a security guard — even though Pennsylvania state law forbids hiring people with felony convictions as security officers.
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Old 02-16-2013, 05:22 PM   #9
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What if you open positions require a hazmat endorsement? You can't get one if you're felon, well a recent felon.
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Old 02-16-2013, 05:28 PM   #10
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What if you open positions require a hazmat endorsement? You can't get one if you're felon, well a recent felon.
I think that since XQIZT is a seasoned professional in this subject, he will answer all the questions and clear up the matter for us in short order.

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Old 02-16-2013, 05:35 PM   #11
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What about the military? A felony conviction removes your right to posses a firearm, which bars you from military service....You mean I gotta trust a felon with my life in a firefight? I say go fuck yourself EEOC
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Old 02-16-2013, 06:13 PM   #12
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1) The EEOC enforces Federal discrimination laws, like Title VII, prohibiting the "protected classes" like age, race, gender, religion from being discriminated in the workplace. Being a criminal DOES NOT put you in a "protected class." They simply investigate claims and anyone seeking to sue their employer under the laws under the EEOC purview must file a Charge of Discrimination first before proceeding to Court. In RARE instances, with claims of particular interest to the agency, they will work with private counsel to sue employers. The end result that the EEOC wants as a plaintiff is a consent decree, NOT monetary rewards.

Here is that the EEOC tells people questioning the practice of not hiring people with convictions:

If an employer excludes applicants because they have criminal records, and this practice disproportionately excludes African Americans or Hispanics, the employer must show that these exclusions are “job related and consistent with business necessity.” If they do not meet this standard, they are discriminatory and unlawful under Title VII.

Note the "AND."

The EEOC continues:


The key is that the employer must consider the nature of the job, the nature and type of offense for which the person was convicted, and how long ago the conviction occurred. A practice of not hiring anyone who was ever convicted of a crime will not meet this standard if it disproportionately excluded African Americans or Hispanics. Ideally, the employer considers each applicant with a conviction individually, but if this is not practical, the employer may apply a carefully-tailored rule to screen applicants who are likely to pose an unacceptable risk in particular positions.


Note the "IF."

These "guidelines" are also not "new"...the EEOC has had guidelines speaking to this matter since at least 1969.

So in the end, it's simple...companies must comply with the same laws they always have...at least since Title VII passed in 1964.

Nothing to see here...as usual.
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Old 02-16-2013, 06:14 PM   #13
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What if you open positions require a hazmat endorsement? You can't get one if you're felon, well a recent felon.
As long as having a hazmat endorsement is a legitimate job requirement, there is no problem at all. Zero.
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Old 02-16-2013, 06:16 PM   #14
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What about the military? A felony conviction removes your right to posses a firearm, which bars you from military service....You mean I gotta trust a felon with my life in a firefight? I say go fuck yourself EEOC
Nope...same deal...possessing a firearm is a legit requirement to serve in the military. Continue to sleep well, no felons in your fox hole...unless the military changes their standards.
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Old 02-17-2013, 06:48 AM   #15
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Quote:
Originally Posted by XQIZT View Post
1) The EEOC enforces Federal discrimination laws, like Title VII, prohibiting the "protected classes" like age, race, gender, religion from being discriminated in the workplace. Being a criminal DOES NOT put you in a "protected class." They simply investigate claims and anyone seeking to sue their employer under the laws under the EEOC purview must file a Charge of Discrimination first before proceeding to Court. In RARE instances, with claims of particular interest to the agency, they will work with private counsel to sue employers. The end result that the EEOC wants as a plaintiff is a consent decree, NOT monetary rewards.
Ok, that sounds reasonable, except for this clause:
Quote:
In RARE instances, with claims of particular interest to the agency, they will work with private counsel to sue employers
It give the agency it's own discretion as to who and what they choose to go after...onerous.
Quote:
Originally Posted by XQIZT View Post
Here is that the EEOC tells people questioning the practice of not hiring people with convictions:

If an employer excludes applicants because they have criminal records, and this practice disproportionately excludes African Americans or Hispanics, the employer must show that these exclusions are “job related and consistent with business necessity.” If they do not meet this standard, they are discriminatory and unlawful under Title VII.

Note the "AND."

The EEOC continues:


The key is that the employer must consider the nature of the job, the nature and type of offense for which the person was convicted, and how long ago the conviction occurred. A practice of not hiring anyone who was ever convicted of a crime will not meet this standard if it disproportionately excluded African Americans or Hispanics. Ideally, the employer considers each applicant with a conviction individually, but if this is not practical, the employer may apply a carefully-tailored rule to screen applicants who are likely to pose an unacceptable risk in particular positions.


Note the "IF."
So, now a guy with a car wash needs a few more hands to help out, he has to hire a detective to do a thorough background check, and a lawyer to review the case, and then if he wants his ass really covered, needs to hire a psychologist to analyze the candidate...and then maybe contact the EEOC itself, or maybe a sharpshooter like yourself, for councel on whether he should hire him...all this for a guy to work for minimum wage...this is why regulations like this hurt the country as a whole. They are designed to protect a 'class' people, presumably to help them get back to a 'normal' way of life in society and keep them from going back to prison. But the litmus test as to what is occurring at the employer level is based on some pencil neck working at a government agency...again the lawyers are idiots.
Quote:
Originally Posted by XQIZT View Post
These "guidelines" are also not "new"...the EEOC has had guidelines speaking to this matter since at least 1969.
THEY may not be new, but then what about THIS:
Quote:
Bovard points out that the “biggest bombshell” in the new guidelines is that businesses complying with state or local laws requiring background checks can still be sued by the EEOC.

That came to light when the EEOC took action against G4S Secure Solutions, which provides guards for nuclear power plants and other sensitive sites, for refusing to hire a twice-convicted thief as a security guard — even though Pennsylvania state law forbids hiring people with felony convictions as security officers.
So, you havn't addressed the NEW issue and went on to defend the NEW regulation citing OLD regulation.

I'd like to hear a convincing argument so that I can feel better about this NEW guideline (regulation)...still waiting.
Quote:
Originally Posted by XQIZT View Post
So in the end, it's simple...companies must comply with the same laws they always have...at least since Title VII passed in 1964.

Nothing to see here...as usual.
...still waiting...
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