Page 1 of 4 1 2 3 ... LastLast
Results 1 to 10 of 35
  1. #1
    Join Date
    Jul 2008
    Location
    San Francisco Bay Area
    Posts
    4

    Question Employment Agencies Barring Applicants

    My question involves labor and employment law for the state of: California


    Is it legal for employment agencies, particularly nationally and internationally recognized employment agencies, to flat out deny their services (as agents of 1,000s of employers) to applicants seeking work with a felony background?

    Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employment Agencies Barring Applicants

    Yes. It is.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Employment Agencies Barring Applicants

    Agree/concur Betty3

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Employment Agencies Barring Applicants

    Peggy just wants to start a fight.

    She has already listed the appropriate law on another question.

  5. #5
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Employment Agencies Barring Applicants

    I both agree and concur with cbg!!

    ~Christina

  6. #6
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Employment Agencies Barring Applicants

    A blanket prohibition applied to some groups protected under Title VII of the Civil Rights Act could be a problem according to EEOC's guidance on conviction records. See http://www.eeoc.gov/policy/docs/convict1.html.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employment Agencies Barring Applicants

    But that's not what Peggy is asking.

  8. #8
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Employment Agencies Barring Applicants

    What do you think she is asking?

    Seems to me she is asking whether an employment agency can refuse to refer an applicant with a felony record for consideration for employment with a client agency.

    Such a blanket prohibition will run afoul of Title VII for both the employment agency and any client who instructs the employment agency not to refer applicants with a criminal record.

    It's going to be hard for an employment agency to defend such a policy. The agency will probably argue that it is simply imposing the requirements of the client employer.

    A prudent employment agency would advise the applicant that the client is seeking applicants without criminal records showing a felony, but refer the applicant anyway. Then any Title VII challenge is between the client employer and the applicant.

  9. #9
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Employment Agencies Barring Applicants

    There are many other variables here that we don't know.

    Whenever we speak in broad generalities, we forget that the devil is in the details.

    For instance, if the national job placement organization was for police officers, it is perfectly legal to bar all felons.

  10. #10
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Employment Agencies Barring Applicants

    A national job placement organization for police officers is not an employment agency. I'm not sure why many of you seem resistance to the fact that under certain circumstances refusing an applicant with a criminal record can violate Title VII.

    1. Sponsored Links
       

Page 1 of 4 1 2 3 ... LastLast

Similar Threads

  1. Compensation and Overtime: Unpaid for Pre-Employment Training and Post-Employment Mandated Activities
    By focus123 in forum Employment and Labor
    Replies: 1
    Last Post: 03-26-2010, 03:29 PM
  2. Property Owner Barring Access to Easement
    By mitzihaz in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 07-03-2009, 09:20 AM
  3. Rental Agreements: Breaking a Lease in New York - Landlord Non-Responsive to New Applicants
    By flo2046 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 07-16-2008, 02:48 PM
  4. Replies: 10
    Last Post: 11-14-2007, 10:38 AM
  5. Credit Reports: How To Sue Credit Reporting Agencies and Collection Agencies
    By giterdone in forum Personal Finance And Investment Law
    Replies: 1
    Last Post: 07-17-2006, 06:36 PM
 
 
Sponsored Links

Legal Help, Information and Resources