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  1. #1
    Join Date
    Feb 2010
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    6

    Default Can a City Bar Employment Based on Criminal Records

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


    city of fort worth

    in fort worth a city law requires sexually oriented businesses to run a background check on all applicants and bars emplyment for certain convictions.


    i copied and pasted the law below. my question is...is this legal?

    how can a city bar employment in a certain industry because you have a criminal record? not barring emplyment in ANY bar, just sexually ooriented businesses, if your not on parole or probation and have paid your debt to society?


    "A. Prior to employment of any person by the sexually oriented business, the owner or operator of the sexually oriented business shall conduct a criminal background check on all prospective employees to ensure that no person employed has any convictions or any time of service in jail or prison for any of the following offenses:
    a. Chapter 22, Texas Penal Code: Sexual assault or aggravated sexual assault;
    b. Chapter 25, Texas Penal Code: Incest, solicitation of a child or harboring a runaway child;
    c. Chapter 43, Texas Penal Code: Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, display or distribution, sale, distribution or display of harmful material to a minor, sexual performance by a child, employment harmful to minors, possession or promotion of child pornography;
    d. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or.
    e. Public lewdness, indecent exposure, public intoxication, drink solicitation, or possession of a controlled substance.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: City Law Barring Employment

    Because there is no law saying they can't.

  3. #3
    Join Date
    Feb 2010
    Posts
    6

    Default Re: City Law Barring Employment

    Isnt it unconstitutional for a city to bar a subset people convicted of certain felony (and some misdeamenor) crimes from employment in a specific kind of business (sexually oriented businesses)? I have a felony drug conviction posession of a controlled substance .17 grams of cocaine which is charged as poss controlled sub. less than 2 grams a state jail felony in texas. Having paid my debt to society what gives the city of fort worth the right to deny me employment as a dj in a topless bar?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,235

    Default Re: City Law Barring Employment

    What part of the Constitution do you believe guarantees any individual, regardless of status, employment with any particular employer?

  5. #5
    Join Date
    Feb 2010
    Posts
    6

    Default Re: City Law Barring Employment

    im not saying the constitution GUARANTEES anyone a job with any employer...I think however it does prevent government from passing laws that deny a person the right to life, liberty and the pursuit of happiness and I believe that having a job in the same profession you were employed in before the unfortunate incident occurs falls into that area...

    also if a person is already a convicted felon and the city passes this law, does that mean that the job he legally held up until the city passed the law should be taken away from him?

    certain crimes i could see the argument for this type of law...

    a airline pilot who get a DUI.

    a school bus driver with statutory rape convictions



    but whose life do i hold in my hands at work as a topless bar dj?




    "No Bill of Attainder or ex post facto Law shall be passed."

    "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Can a City Bar Employment Based on Criminal Records

    There is only one state that I know of that doesn't allow discrimination on the basis of criminal record.

    That state is not Texas.

    Therefore, if it is not illegal, it is legal.

    Labor law works that way. Unless there is a specific law prohibiting a specific behavior, it is legal.

  7. #7
    Join Date
    Feb 2010
    Posts
    6

    Default Re: Can a City Bar Employment Based on Criminal Records

    The law doesnt have to serve an intended purpose like keeping sex offenders away from children or people with dui's out of jobs involving driving ?

    some of these crimes are misdeamenors...ie dwi


    whats the correlation between a person with a drug conviction and a dj in a bar? no just any bar but a club with a sexually oriented business license.

    thats like saying musicians often use drugs therefore nobody with a drug conviction can be hired to perform in a place that serves alcohol...


    i know dancers who are on probation for felony drug arrest whose probation officer knows they work in a strip club, and has no problem with it, yet the city has a law that prohibits hiring anyone with such a conviction.

  8. #8
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,987

    Default Re: Can a City Bar Employment Based on Criminal Records

    The law is not required "to serve an intended purpose" - it may be as whimsical and irrational as the lawmakers wish it to be.

    You can argue your disagreement with the law until you're blue in the face, however that won't change the simple and true fact that it is not illegal to deny you a job based on your criminal record.

    If you want to change the law, please be advised that this isn't the place to do it. Speak to your congressperson about changing laws.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,235

    Default Re: Can a City Bar Employment Based on Criminal Records

    We're not the ones you have to convince. We don't write the laws; we only tell you what they say.

    If you have a problem with the way the laws read, take it up with your elected officials.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a City Bar Employment Based on Criminal Records

    Quote Quoting bill blake
    View Post
    The law doesnt have to serve an intended purpose like keeping sex offenders away from children or people with dui's out of jobs involving driving ?
    .
    generally, yes. If you will go back and read the crimes that cause the limitation, you will, well, actually you should, realize that all of those crimes have a higher rate of incidence due to the type of establishment we are speaking of so yes, they are keeping people that commit those crimes from areas where those crimes are more prevalent.

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