Can Employers Discriminate Against Felons?

[chanel]

There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records. However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way.

Since an arrest alone does not necessarily mean that an applicant has committed a crime the employer should not assume that the applicant committed the offense. Instead, the employer should allow him or her the opportunity to explain the circumstances of the arrest(s) and should make a reasonable effort to determine whether the explanation is reliable.

Even if the employer believes that the applicant did engage in the conduct for which he or she was arrested that information should prevent him or her from employment only to the extent that it is evident that the applicant cannot be trusted to perform the duties of the position when

* considering the nature of the job,
* the nature and seriousness of the offense,
* and the length of time since it occurred.

This is also true for a conviction.

Hot Air EEOC: Employers can’t refuse to hire convicts

Just think of all those new lawsuits!!!!! The defense lawyers can now expand their businesses to file EEOC complaints for all their scumbag defendents! What a country!

 

[Skull Pilot]

When I was licensed to sell securities and insurance I had to submit to a background check and any felony conviction would have prohibited me from getting licensed.

I was fine with that as i would not want a felon getting hold of some of my most sensitive personal info.

That said if the government can deny licenses because of a felony then I should be able to deny employment for the same reason.

 

[Luissa]

I think if you don't want to hire a felon, you shouldn't have to. I know at my job, I have head to feel out a few background checks. For one I have a license with the state, and I would have never gotten that if I was felon, or had certain charges on my record.

 

[manifold]

Of course employers don't want to hire convicted felons, so we should just pay parolees welfare for life as a form of "protection" racket to keep them from going back to a life of crime.

 

[Skull Pilot]

Of course employers don't want to hire convicted felons, so we should just pay parolees welfare for life as a form of "protection" racket to keep them from going back to a life of crime.

Then you hire a criminal to watch over the business you have invested you life savings to start. Be my guest.

 

[chanel]

"could limit opportunities of some protected groups". WTF does that mean? Gay and minority felons get a pass to the front of the line?

Hmmmm. Wonder what this might do to the teaching profession? I'm sure most parents would have no problem with violent offenders in their child's classroom.

Bizarro world.

 

[uscitizen]

Day care centers should hire sex offenders?
Umm I actually thinnk this is illegal in most places.
I think Catholic operated day care centers have a first ammendment religious exemption though.

 

[johnrocks]

I think a private business owner should be allowed to hire who they want, if that permits discrimination then tough shit, they are the ones who may lose everything because of their actions; their business,home and life savings; not the one that got their widdle feelings hurt because they didn't impress the owner enough to get hired or their actions in the past sends a red flag to the owner/manager.

 

[manifold]

Of course employers don't want to hire convicted felons, so we should just pay parolees welfare for life as a form of "protection" racket to keep them from going back to a life of crime.

Then you hire a criminal to watch over the business you have invested you life savings to start. Be my guest.

Nice inference fail. No offense.

I'm just pointing out that it's not a simple issue and is kind of a catch 22.

 

[zzzz]

It is necessary for some businesses/companies to know a potential employees background because they deal with money or sensitive information. That being said, why is it necessary for a factory making parts for cars or other factories to know if a person committed a crime? Or should I say was caught. How many of you did things in your younger years that would have landed you in jail if you were caught? Banks need to know who they are hiring.

I think that when background checks are required they should also check for misdemeanors (Many of these were felonies dropped to misdemeanors for a plea) and traffic offenses too. If they are looking at character and integrity look at everything the person did against the law.

Being a felon is not a protected class in discrimination law at present. The argument though deals with the disproportionate number of felons being black, and they are a protected class in discrimination law. They are saying that using felony convictions discriminates against blacks because they make up the majority of felons, even though they are a minority.

Today most companies require on applications that you specify if you have ever been convicted of a felony and some only limit it to 7 years. Background checks are used to verify this information. 90 percent of the companies have no viable reason to deny felons work. Most of them need work and those on parole have to show up and hold jobs to stay out. And the most important reason we want felons employed…if they cannot find jobs what are they going to do if they need money or a place to live? They are going to rob and steal again because they have no choice. Is this what we want? They should not be given preference over other potential employees but they should not be automatically denied either.

 

[Lonestar_logic]

Every employer deserves to know the kind of person they're employing regardless of the kind of job it is and be free to make a judgement based on that information. Sometimes I think people forget what freedom is.

 

[chanel]

According to the article, this only happened 10 days ago. We have millions of qualified, decent, law abiding people looking for work right now. Who would hire a druggue or a thief, over someone who is not?

 

[zzzz]

Every employer deserves to know the kind of person they're employing regardless of the kind of job it is and be free to make a judgement based on that information. Sometimes I think people forget what freedom is.

Ah but freedom is your ability or desire to do what you want without infringing upon anothers freedom or the right to pursue happiness. When you go into buisness you volutarily give up some of your rights and freedoms, look at all the rules and regulations you must follow!

 

[saveliberty]

Not that a criminal considers ALL of the consequences of their criminal activities, but the penalties are more than jail. I think you are going to need to take a pretty basic job fresh out of jail. Your going to have to regain trust and opportuntiy a little bit at a time.

 

[Lonestar_logic]

Every employer deserves to know the kind of person they're employing regardless of the kind of job it is and be free to make a judgement based on that information. Sometimes I think people forget what freedom is.

Ah but freedom is your ability or desire to do what you want without infringing upon anothers freedom or the right to pursue happiness. When you go into buisness you volutarily give up some of your rights and freedoms, look at all the rules and regulations you must follow!

How would the freedom to choose who a person hires infringe on anyone elses freedom? Surely you're not suggesting you have a constitutional right to have a job? Explain what rights a freedoms a business owner loses? Keep in mind I own two businesses and I live in Texas.

 

[zzzz]

According to the article, this only happened 10 days ago. We have millions of qualified, decent, law abiding people looking for work right now. Who would hire a druggue or a thief, over someone who is not?

But what if the thief could do the job better and quicker than other people? I admit I am being simplistic here but isn't an employer suppose to hire the best qualified and best worker they can? As a shareholder do you want the HR department to hire lazy people over people who will work hard?

 

[Lonestar_logic]

According to the article, this only happened 10 days ago. We have millions of qualified, decent, law abiding people looking for work right now. Who would hire a druggue or a thief, over someone who is not?

But what if the thief could do the job better and quicker than other people? I admit I am being simplistic here but isn't an employer suppose to hire the best qualified and best worker they can? As a shareholder do you want the HR department to hire lazy people over people who will work hard?

How do you know the ex-con you hire would do a better job? I co-own a gunshop and I wouldn't hire any convicted felon, period.

 

[manifold]

Explain what rights a freedoms a business owner loses? Keep in mind I own two businesses and I live in Texas.

You lose the right to tell darkies that you don't hire no stink'n darkies. You're forced to lie and make up some other reason to conceal your racism.

 

[zzzz]

Every employer deserves to know the kind of person they're employing regardless of the kind of job it is and be free to make a judgement based on that information. Sometimes I think people forget what freedom is.

Ah but freedom is your ability or desire to do what you want without infringing upon anothers freedom or the right to pursue happiness. When you go into buisness you volutarily give up some of your rights and freedoms, look at all the rules and regulations you must follow!

How would the freedom to choose who a person hires infringe on anyone elses freedom? Surely you're not suggesting you have a constitutional right to have a job? Explain what rights a freedoms a business owner loses? Keep in mind I own two businesses and I live in Texas.

You have to follow safety regs, enviromental regs, and other obligations from the federal to local level. You do not have the freedom to do as you please so you have volutaritly given up some freedom of choice to run a buisness.

I did not say that refusing to hire someone infringes on their freedoms. You have the freedom to choose who you want to hire and that should not change. I was talking about freedom generally. It was in response to you statement about freedom.

 

[Lonestar_logic]

Explain what rights a freedoms a business owner loses? Keep in mind I own two businesses and I live in Texas.

You lose the right to tell darkies that you don't hire no stink'n darkies. You're forced to lie and make up some other reason to conceal your racism.

If I didn't want to hire a black person I wouldn't and no one can force me to.