View Poll Results: Should employers & landlords be prohibited from asking applicants if they have ......

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  • Employers and landlords should not be banned from asking about any criminal history

    18 35.29%
  • Employees and landlords should be banned from asking about any criminal history

    9 17.65%
  • Only employers should be banned from asking about any criminal history

    0 0%
  • Only landlords should be banned from asking about any criminal history

    1 1.96%
  • Employers should be allowed to ask about crimes are "significantly related"

    1 1.96%
  • Landlords should be allowed to ask about crimes that are "significantly related"

    0 0%
  • Both should be allowed to ask about crimes that are "significantly related"

    22 43.14%
  • I do not know.

    0 0%
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Thread: Should employers & landlords be prohibited from asking applicants if they have a ....

  1. #111
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    Re: Should employers & landlords be prohibited from asking applicants if they have a

    Quote Originally Posted by Jerry View Post
    Even if they make it illegal to discriminate, the information is still available and will still effect their decision.

    They will just need to cover their ass. It's all to easy to simply select someone else.

    The point that most are missing...they arent discriminating by doing the checks...they have no idea what you have or havent done until they do...

  2. #112
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    Re: Should employers & landlords be prohibited from asking applicants if they have a

    Quote Originally Posted by OscarB63 View Post
    I have always thought most of the drug laws were ridiculous and I can, to some degree, see how you could drink more than you planned and wind up with a DUI. but, theft, b&e, etc all require some degree of premeditation so I don't consider crimes like those to be "stupid mistakes". you don't accidentally steal a car
    Clearly not an accident, but still just a stupid thing to do. It's the kind of thing that the criminal will probably look back on in a couple decades and wonder what the hell he was thinking (that is, if he's given the chance to go straight and turn himself around).
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  3. #113
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    Re: Should employers & landlords be prohibited from asking applicants if they have a

    Quote Originally Posted by lpast View Post
    I read this thread and have to laugh...employers and landlords have the right in every state to do criminal background checks and most credit checks..
    They dont know what your crimes are until they do the checks...get over it...it will never change
    Glad to know I made somebody laugh today...and you are correct- unfortunately, the government has never and will never provide the average individual with the right to keep his personal history private. IMO, it's idiotic and a waste of time and money by the state, but it will never change. Too many bigoted or paranoid people have too much affluence to just let bygones be bygones.

    @OscarB63: I think we have slightly different understandings re the words "stupid mistake". IMO, a stupid mistake composes of an action that, had you thought it through logically, you would not have done. People do things without thinking them through- it happens to the best of us. Unfortunately, sometimes those things have serious consequences, such as major jail time. My belief is that once the state has punished them to the degree it considers necessary for them to, if not be sorry for their actions, at least think twice about the consequences before committing such a crime again. Public access to the criminal record allows people to see that stupid mistake, and immediately become biased against the person because of it. I believe that that is wrong- there should be no increase in rent, no change in trust or judgment, based off of a stupid mistake from years, if not decades in the past. If the person needs help getting a job, most people with internet access and the compassion to give up a little of their time to help a fellow human being can find a job opportunity, an application at least, for the person who needs a job. All I am saying is that people should not have access to the criminal records because it can cause them to become unfairly judgmental or critical, and if they must have access then they should take it upon themselves, not as a legal requirement but as a moral duty, to help that individual. Unfortunately, since most people aren't kind or compassionate towards others (in my experience), I think it preferable that the law should give individuals the right to keep that personal history personal, and that if they are banned from an establishment on that basis, it is the responsibility of the individual to decide to either go someplace else or change their mind and reveal their past.

  4. #114
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    Re: Should employers & landlords be prohibited from asking applicants if they have a

    Quote Originally Posted by lpast View Post
    The point that most are missing...they arent discriminating by doing the checks...they have no idea what you have or havent done until they do...
    Everyone is skipping over that point because there's no sex, money or violence involved with the check itself, so there's no emotional stinger to catch attention.

    There is, however, sex, money and violence associated with the crime itself, hence our distraction to that.

  5. #115
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    Re: Should employers & landlords be prohibited from asking applicants if they have a

    Quote Originally Posted by Jerry View Post
    Everyone is skipping over that point because there's no sex, money or violence involved with the check itself, so there's no emotional stinger to catch attention.

    There is, however, sex, money and violence associated with the crime itself, hence our distraction to that.
    The check itself seems fine to me- it's your right to want to know more information about the potential lodger or employee. My sole argument is that the lodger or employee should have the right to refuse to allow the check- to tell the employer that that is none of their business, they either are letting you in or they aren't. I personally think the employer shouldn't do the check, out of personal distaste- I understand however why some do. I don't think it's fair to judge someone based off what they did in the best, but I understand that some people have had bad experiences or are particularly cautious in their business dealings (or are paranoid, whatever the case may be). They should have the right to request a check- people should just have equal right to say "No."

  6. #116
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    Re: Should employers & landlords be prohibited from asking applicants if they have a

    Quote Originally Posted by Belgarath View Post
    The check itself seems fine to me- it's your right to want to know more information about the potential lodger or employee. My sole argument is that the lodger or employee should have the right to refuse to allow the check- to tell the employer that that is none of their business, they either are letting you in or they aren't. I personally think the employer shouldn't do the check, out of personal distaste- I understand however why some do. I don't think it's fair to judge someone based off what they did in the best, but I understand that some people have had bad experiences or are particularly cautious in their business dealings (or are paranoid, whatever the case may be). They should have the right to request a check- people should just have equal right to say "No."
    When you fill out an application it asks for your permission for the landlord or employer to perform a background/credit check. If you authorize them it's run, if you don't, they then have a decision as to whether or not to take the risk. What you're asking for already exists in most (if not all) states.
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  7. #117
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    Re: Should employers & landlords be prohibited from asking applicants if they have a

    Quote Originally Posted by Belgarath View Post
    The check itself seems fine to me- it's your right to want to know more information about the potential lodger or employee. My sole argument is that the lodger or employee should have the right to refuse to allow the check- to tell the employer that that is none of their business, they either are letting you in or they aren't. I personally think the employer shouldn't do the check, out of personal distaste- I understand however why some do. I don't think it's fair to judge someone based off what they did in the best, but I understand that some people have had bad experiences or are particularly cautious in their business dealings (or are paranoid, whatever the case may be). They should have the right to request a check- people should just have equal right to say "No."
    You do have the right to refuse...dont sign the waiver and just move on to ano ther job or apt

  8. #118
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    Re: Should employers & landlords be prohibited from asking applicants if they have a

    If a landlord will take you without doing a credit or criminal background check...trust that the place aint fit to live in

  9. #119
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    Re: Should employers & landlords be prohibited from asking applicants if they have a

    Quote Originally Posted by lpast View Post
    If a landlord will take you without doing a credit or criminal background check...trust that the place aint fit to live in
    my oldest son lived in just such a place for a couple of months. there were door to door crack salesmen and prostitutes
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  10. #120
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    Re: Should employers & landlords be prohibited from asking applicants if they have a

    Quote Originally Posted by Belgarath View Post
    The check itself seems fine to me- it's your right to want to know more information about the potential lodger or employee. My sole argument is that the lodger or employee should have the right to refuse to allow the check- to tell the employer that that is none of their business, they either are letting you in or they aren't. I personally think the employer shouldn't do the check, out of personal distaste- I understand however why some do. I don't think it's fair to judge someone based off what they did in the best, but I understand that some people have had bad experiences or are particularly cautious in their business dealings (or are paranoid, whatever the case may be). They should have the right to request a check- people should just have equal right to say "No."
    Anyone can decline to give permission. No one's putting a gun to your head telling you to aply for a given job or a given home.

    Myself, I'm going to give my attention to applicants who return permissions and other documentation promptly. If you choose not to return a permission form, you have chosen not to complete or delay your application process. This can and likely will result in someone else being assessed before you. As I need to have a home rented or a job filled sooner then later, they're likely to get it first, while you're likely to get a professional letter thanking you for your application, but the position has been filled/home has been rented.

    To note Kandahar's point, in my example I would not have discriminated against you for any crime you may have committed. I would have discriminated against you for failing to give your criminal history at all. This wold be perfectly legal as I was never capable of identifying you as a member of any protected class to begin with, to then discriminate against you because of that protected class.
    Last edited by Jerry; 07-27-11 at 06:52 PM.

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