View Poll Results: Should the government be able to prevent discriminating against job applicants?

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Thread: Can employers reject applicants who have a criminal history

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    Re: Can employers reject applicants who have a criminal history

    Quote Originally Posted by fredmertz View Post
    A Yahoo featured article's URL is below.

    I didn't know this was against the law. Apparently it is (or can be). If you admit to having a felony within the past 7 years, as an employer, a company is not allowed to reject your application for that reason.

    As the article explains:

    "Because discriminating against those with criminal records disproportionately hurts African Americans, the practice may violate the Civil Rights Act, which prohibits race-based hiring discrimination. Indeed, the Equal Employment Opportunity Commission (EEOC) has said that although considering an applicant's criminal record may be acceptable on a case-by-case basis, an "absolute bar to employment" for such people is illegal."


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    But this also leads to other questions: age discrimination or gender discrimination.

    These things are illegal. I don't agree with the government intervening. I'm sure many of you do. As some will undoubtedly ask, "what about race discrimination?" This is no different in my opinion (at least at the federal level, as with any of these equal opportunity bills mandated on private companies). Obviously, I'm not suggesting that they DO discriminate based on race, but rather that the federal government shouldn't intervene.

    It's a private company! For public services, sure, do what you wish.

    So the question:

    Do you believe the government should be able to prevent private companies from discriminating against applicants based on: age, gender, race and criminal history?
    They already do what they wish.

    Companies can and do discriminate based on age, criminal record, sex, etc.

    They're just not stupid enough to go on record. They don't make it a written policy or advertise it. That would be like reporting your own post when you troll someone.

    They know that if they don't want a felon, to just higher someone with out a felony. Even in the rare case of an applicant suing, the applicant has to prove the reason they were not hired is due to a record. Good luck.

    The company can always say someone else interviewed better.

    The government can writ down some words on some paper, and it won't matter in the least.
    Last edited by Jerry; 03-26-11 at 04:46 PM.

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    Re: Can employers reject applicants who have a criminal history

    Quote Originally Posted by Patrickt View Post
    Hiring is about discriminating. You have a job opening. You have 325 applicants. The only process that would not be discriminatory would be a lottery. "Okay, the guy who can't dance is our new dance instructor. Congratulations."

    Someone who has finished high school has an edge over someone who finished the 5th grade. Hiring someone who has experience in your field is discriminating against the guy with no experience. Hiring someone who comes with a portfolio of references from past employers over someone who doesn't have a single past employer who says he would hire him again is discriminatory. Or, how about the guy who has sued his last five employers over workmans comp claims. You want to hire him? Or, how about someone who sued his last employer for demanding he work on the Sabbath? You want to hire him for a job that involves working on the Sabbath? Would you discriminate against someone who flashed your secretary while waiting for his interview?

    A friend of mine had to sue a local trucking company to get a job driving a delivery truck. The company said she wasn't big enough or strong enough to do the job. They were forced to hire her. Six months later, she was off with a permanent disability. The company was right. My friend said that the problem was that the company refused to make a "reasonable" accommodation of getting truck 1/3 smaller in all dimensions and hiring an assitant to move the heavy packages. Right.
    This is why I support discrimination.

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    Re: Can employers reject applicants who have a criminal history

    I am against discrimination for or against people on the basis of factors that have nothing to do with job performance.
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    Re: Can employers reject applicants who have a criminal history

    Whatever happened to "paying your debt to society"? It seems some would have anyone who breaks the law pay for it for the rest of their life.
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    Re: Can employers reject applicants who have a criminal history

    Quote Originally Posted by StillBallin75 View Post
    I am against discrimination for or against people on the basis of factors that have nothing to do with job performance.
    but isn't that the point

    some people discriminate against prospective employees

    not because they themselves would be inadequate employees, but only because they are members of a group that a discriminatory employer believes will not provide adequate job candidates

    be they felons, non-Christians, gay, young, old, minority, majority, married, unmarried, male, female, fat, skinny, educated, uneducated ...

    the government, thru the eeoc, enforces laws against particular forms of discrimination. violations of those laws are so difficult to prove, that if one is convicted, they were very likely guilty of overt discrimination

    that said, should the eeoc conflate the refusal to hire felons as the equivalent of practicing race discrimination against blacks, then the eeoc should be found misguided
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    Re: Can employers reject applicants who have a criminal history

    Quote Originally Posted by Manc Skipper View Post
    Whatever happened to "paying your debt to society"? It seems some would have anyone who breaks the law pay for it for the rest of their life.
    I totally agree. I think discrimination because of a previous felony should be enforced with the same vigor as race/religion/sex. If one's previous crime has nothing to do with the job for which one is being interviewed, I think it's very wrong to discriminate.

    Many men and women who've served their time want nothing more than to "go straight." If we are going to go out of our way not to hire felons who've served their time, we might as well just shoot them. I think it's very wrong to discriminate in this way -- and very sad for those who are trying their best to get their lives together.
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    Re: Can employers reject applicants who have a criminal history

    Quote Originally Posted by Manc Skipper View Post
    Whatever happened to "paying your debt to society"? It seems some would have anyone who breaks the law pay for it for the rest of their life.

    And what about false convictions, where it has not yet been cleared from your record - or can't for whatever reason?
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    Re: Can employers reject applicants who have a criminal history

    Quote Originally Posted by Manc Skipper View Post
    Whatever happened to "paying your debt to society"? It seems some would have anyone who breaks the law pay for it for the rest of their life.
    Like it or not, there are some things which, once done, can never be undone. You may pay your debt to society, but that doesn't obligate them to pretend it never happened. A child molester might go to jail, they might be "reformed", but nobody in their right mind will ever leave them alone with a child again, nor should they.
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    Re: Can employers reject applicants who have a criminal history

    We do criminal background and credit checks, amoung other things, on all prospects. If they have a felony on their record or less than very good credit, they never hear from us. They never even know they were being considered.

    .

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    Re: Can employers reject applicants who have a criminal history

    It depends on the job. If the job has relevancy to the crime then yes. But I wouldnt go as far as saying a DUI should have any bearing on being a truck driver either.
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