Quote Quoting eeoc_avocate
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In truth, automatically disqualifying people who have criminal records from jobs is discriminatory because the practice disproportionately affects African American and Hispanic men.
Oh... so I am not discriminating against felons but on the basis of race?

That may be the most discriminatory and offensive thing I have ever read. Are you saying that if I don't hire felons that only people of color will be effected?

So only people of color commit crimes? Wow.

Beyond that, the EEOC has ruled repeatedly that covered employers cannot simply bar felons from jobs, but must show that a conviction-based disqualification is justified by "business necessity." The legal test requires employers to examine (1) the job-relatedness of each conviction, (2) the nature of the crime committed, (3) the number of convictions, (4) the facts surrounding each offense, (5) the length of time between the conviction and the employment decision, (6) the person's employment history before and after the conviction, and (7) the applicant's efforts at rehabilitation. According to the EEOC, the job-relatedness inquiry is the most important, and focuses on whether the job position applied for presents an opportunity for the applicant to engage in the same type of misconduct which resulted in the conviction (Bednar, "Employment Law Dilemmas," 11 Utah Bar J. 15 (Dec. 1998)).
Still waiting on the statute.

While it might not be illegal or against any federal policies to turn your nose up at an potential employee simply because of their criminal history, it should be.
Oh.... so there ISN'T any statute... as you have stated there WAS on at least two instances.

Now we are going to fall back on the "but there should be" argument. Sorry, there are many things that should be but aren't.

In some cases there are circumstances surrounding a crime that should be taken into account. It should not be an automatic disqualification as it seems to be in so many cases.
If the circumstances surrounding the incident weren't enough to find the defendant innocent in a court of law, why should I spend the money and time to do my own independant investigation?

Who is going to pay me for my time and trouble while I am playing Matlock to make sure that my applicants didn't REALLY mean to burn down that liquor store?

From a sociological perspective, people who are willing to knock a potential employee down because of a criminal past contribute to the cycle that most criminals struggle to get out of.
Strange... I thought committing a crime was what started the "cycle"... not my reaction to it.

This argument of yours is fundamentally flawed. It states that it is MY responsibility to rehabilitate a felon because if I don't, somehow the next crime this person commits is MY fault.

No. Nice try. The person decided to commit a crime, now that person lives with the fallout.

I am not Mother Theresa. I am just trying to staff my business. You can staff yours how you want.

Tell me, a man arrested for selling drugs serves his time, gets out of jail, and tries to get decent work to earn a living half as good as he had it before, well he can't get work because he used to sell drugs.
Yup... lesson there, huh?

To tell the truth, I would probably hire him because he was in a business that requires him to be smart, quick and have a plan, not to mention upselling, keeping repeat business, staying competitive...the list goes on.
Not to mention shooting the competition, the occaisonal drive by and high speed pursuit evasion tactics.

Anyway, you hire whom you want... and good luck with that.

I might not care for the product he was selling, but hey i feel the same way about the telemarketers that call my house at dinnertime to sell me a magazine subscription. Back to my point, if he can't get legit work because of his criminal history, what do you think he's going to do to support himself and maybe his family? probably go back to selling drugs. And then it's just a matter of time before he's back in jail. While it's not your responsibility to help these people, don't you feel like maybe you could make a difference?
Yup. The difference I will make will be not to expose my customers and coworkers to a dangerous environment.

Are YOU going to pick up my liability if someone that murders as a business tactic is hired and then decides that someone cut in line for coffee?

Okay... that was a joke... but with a truthful core. If that, say, violent felon is hired by me and ends up beating the poobah out of a coworker, who gets sued, do you think gets sued?

Again, you are trying to put the burden of the felons future crimes on my shoulders because I didn't "make a difference".... not going to work. Sorry.

You start a halfway house and send me the address. I will send you all the felon resumes I get. Everyone wins.