Discrimination in Ohio Due To Felony Conviction

[Mr. Knowitall]

First, you should be aware that a lot has changed at the EEOC since 1995. Second, you should recognize that they're talking about a blanket policy of rejecting all felons without further consideration. Third, their policy position hasn't done well in court, which is why you're pulling up quotes from 1995 instead of something more recent.

Sure, if an employer throws up hurdles to employment which primarily negatively affect minority applicants, and those barriers do not relate to the job, the EEOC may take interest. But often a felony conviction will relate to a job, or the convictions will be handled on a case-by-case basis, or they will be one of many factors (even if ultimately decisive) in screening applicants.

Reciting "there is a federal law" means nothing unless you can identify the law. You won't be able to find it to identify it for us, though, as there is no such law.

[only126db]

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., which prohibits discrimination on the basis of race, color, sex, religion and national origin. Although Title VII does not on its face prohibit discrimination on the basis of conviction, the EEOC and courts have concluded that a policy or practice of excluding individuals from employment on the basis of their conviction records may have an adverse impact on certain minority groups in light of statistics showing that they are convicted at a rate disproportionately greater than their representation in the population.

[Mr. Knowitall]

And yet, as you indicated in your other thread, they will not act in the absence that the policy relates to unlawful discrimination. Read what I said.

[only126db]

From what I understand it is unlawful discrimination if you are other than white in race. If your other than white and are not hired due to being a felon you have a case, Thats what I was told by EEOC because they say more minorities are felons compared to the numbers of their race which makes no sense, its all discrimination in one way or another it seems our country is still pandering to the non white vote, everyone makes a mistake yet not everyone gets a second chance, based on race, its as been called reverse discrimination. Anyhow who cares, I will survive, soon we will have open borders and all hell will break loose and I will become a minority in the new state of Mexifornia.

[Mr. Knowitall]

Again, it's not illegal at all under federal law to discriminate on the basis of a criminal record. What is illegal is to use such a rule as a pretext for unlawful discrimination, which did not happen in your case.

[Browns Fann]

Isn't that the truth. They will hire an illegal alien, but not someone who has made a mistake once in their life, and is an American Citizen!!

[panther10758]

Isn't that the truth. They will hire an illegal alien, but not someone who has made a mistake once in their life, and is an American Citizen!!

Your comparing apples and oranges with this.

[seniorjudge]

Isn't that the truth. They will hire an illegal alien, but not someone who has made a mistake once in their life, and is an American Citizen!!

Your molestation is not "a mistake."

[Jaycee2]

Molestation is not a mistake, I think, when it comes to a minor regardless of what excuse you may try to put up. There is no excuse. I disagree, though, when it comes to an adult. I think that you can, depending on the circumstances, do make a mistake. I have a friend who at 18-19 was charged with a sex offense against a 27 year old woman. I'm not going to go into his details, but he was recently fired from his job because he did not reveal this on his application which asked if he had been convicted of a crime (not a felony per-se) within the last "10" years of him applying for the job. He applied back in 2004 and was hired. Then, his conviction was about 26 years past. Way past the 10 year limitation asked for on his application. I don't agree with what he did but also wont judge him for his mistake. He paid for his crime and lives with this everyday of his life. He has a college degree. Has never been convicted of any other sex offense. Has beautiful children and is a really great guy. Is he supposed to hide under a box, get on welfare or live on the streets as a homeless person because he screwed up 30 odd years ago? I think that, for him, it's very unfair. I also think that he was discriminated against. He sincerely regrets what happened and has straightened out his life. It's not fair that he has to live worrying about not being able to support his family for his act. This world is really cruel and so is society. Why not just kill the guy! If he were a pedophile or a career sex criminal, I could understand but ONE mistake?

[cbg]

Right now, there are still literally hundreds of applications for any single position in most parts of the country. If you are a hiring manager and you have the choice between 250 applicants with no criminal records of any kind, and 50 applicants who have criminal records, and of the 250 applicants with no records there are at least a dozen who are well qualified for the position, which ones are YOU going to discard?