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  1. #1
    Join Date
    Sep 2005
    Location
    massachusetts
    Posts
    6

    Default Discrimination Due to Criminal Record

    This is an area of amazing confusion with regards to which state laws provide what. What I am wondering is do any of them actualy work? I live in Massachusetts which will not even define the door slammed closed as being discrimination.
    However many states have enacted positive changes.
    Washington appears to limit background checks to 10 years. Hawaii seems to forbid any consideration of criminal record unless it somehow relates to the job. NY and PA at least appear to define the action of outright rejection as being discrimination. But do any of these states rules actualy work or do employers just pull the checkpoint file and quicly reject anyone whos file gets a hit (erroneous or not)?
    Anyone have any POSITIVE experiences with these or other state laws?
    I have a felony conviction from 1979 which now places me in the untouchable class, work history means nothing, now cant get a job shining shoes. If I were to lean on legislators to follow a model which one if any actualy work?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default


  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    How are your lobbying efforts progressing? (I could guess, but I'm rooting for you.... :?)

  4. #4
    Join Date
    Mar 2006
    Location
    TX
    Posts
    2

    Default felonious background check and employability

    I am a contract for hire in the medical field. In Feb. 06 I recieved a call from a local clinic to inquire about my services. It was agreed that I would come in and provide my services for two days and all was agreed upon prior to me showing up; pay, schedule etc.
    Once there the center cordinator, among others, were very impressed with my work. " You come in here and just work like you've worked here for 6 months," one worker tells me. I am approached about applying because that position happens to be opened. One of the physicians there, too, is impressed with my work and tells me I should apply. So, after my contract work was done, I return on day 3 to drop off my resume. "I'm tickled to death that you're applying," says the lady. So, I leave it at that, she goes over the business practices and operations, etc. I was there about 20 mins, just listening to her talk. I leave for the day. The following week I get a call and she asks me to come in for an interview in a few days, this is now into the next month. We schedule the interview but she cancels the day of due to illness. It is rescheduled for the following week.
    I go to the interview which lasts a good 45 minutes, again, we cover the business again, and discuss minute details such as pay and what not and she tells me that the higher ups are expected in that afternoon and she will get official approval to fill the job. I leave. Well, remember I said I had worked 2 days on contract? Well, in the mean time I email corporate office because I had not received my pay and it was going on 2.5 weeks. Corporate tells me they have no record of me in their system. Well, I filled out a vendor form for the days I worked. Anyway, I forward all the emails between me and corporate to the lady at the clinic. She is very apologetic and tells me she needs me to come in an fill out more paperwork. Well, I get there and she says to go ahead and fill out the application, I-9, w-4 and all that jazz, "because they will need that from you once I get written approval to fill the job". Well, lo and behold, there's a question on there about convictions and I turn in my apps and all that jazz. A week goes by and I email her just to touch base. She says she's still waiting for "written approval". I let it go. The following week, (it's now 1 month since I applied), I email her, again, "just wanting to make sure you haven't forgotten about me" I say. She emails back and tells me the higher ups are out of their offices and she cant' get approval. Hmm, have you heard of "faxing" and stuff? To date, I have not heard back from her. Hmm, wonder if they actaully did a background check and discovered my "not so perfect" past from 13 years ago. I understand their concern but do they have to be so chickensh*t about telling me they are not hiring me.
    Anyway, I have 180 days according to EEOC's email, to decide what to do. I WILL give her the benefit of the doubt....for a week then I have to decide. It's a piece of cake as I just wrapped up a settlement last year. somethin' to think about huh? lol.

  5. #5
    Join Date
    Mar 2006
    Posts
    2

    Default

    Please expand on the settlement that you "wrapped up last year".

    Additionally, as far as I know, the Texas law only covers background checks done by an outside company. If someone at the clinic went and got your court records themselves, they could go back as far as they want (I think). Do you think that this might have been what happened? Or seeing how you work in the medical field, is your position one for which the state allows and/or requires checks past seven years? Just throwing some thoughts out.

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