Don't Be Using That Embezzlement Conviction Against That Guy You'll Be Hiring As Your Accountant
@Johnnydontlike, KABC radio host John Phillips, reminded me last night of this ridiculous EEOC policy:
There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records. However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way.
...Several state laws limit the use of arrest and conviction records by prospective employers. These range from laws and rules prohibiting the employer from asking the applicant any questions about arrest records to those restricting the employer's use of conviction data in making an employment decision.
From Tom Trinko at AmericanThinker:
While the new policies (EEOC testimony) are targeted at all potential employees, the motivation was the EEOC's concern that since African-Americans and Hispanics have a higher rate of criminal convictions than whites, considering former crooks as a hiring risk would unfairly impact minorities.
...Further, while the EEOC guidelines do not force companies to hire those with criminal records, the fact that the EEOC is even addressing the issue is highly questionable. Where in the Constitution does it say that the government can prevent companies from rejecting a candidate for a job because of the behavior of that person? Behavior, unlike race, is something people can control. Additionally, while there are no "bad" races, there are bad behaviors. What's next? Forcing private schools to consider hiring a teacher convicted of child molestation because the teacher has "reformed"?
Here's how it works in Philly, per Mahleah Chicetwan at examiner.com:
In April of 2011, Philadelphia Mayor Michael Nutter signed into law the Philadelphia Fair Criminal Screening Standards Ordinance. On January 13, 2012 the ordinance, also known by the catchy phrase of Ban the Box, became a way of life.
The ordinance states that any business with more than 10 employees can't ask, either on the application or in the first interview, about an applicant's criminal convictions. To do so, may result in a warning and then, if the employer continues to violate the law, could result in fines of $2,000 per violation.
The ordinance wants to level the playing field for ex-offenders who often find the door to legitimate employment locked thus forcing them back into their illegal line of work.
On Wednesday, April 25th, the EEOC (Equal Employment Opportunity Commission) agreed with Mayor Nutter and his law; that a potential employer lacks the ability to properly assess a potential applicant's abilities if they're already aware of a conviction history.
(Whole EEOC thing is here -- "Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.")