[BDSM-LegalIssues] Re: New book -- good but disturbing
--- In BDSM-LegalIssues@
<jaywiseman@
>
> --- In BDSM-LegalIssues@
> <leigha@> wrote:
> >
> > Jay-
> >
> > Every person who comes to work for the company I do (I'm the
> corporate controller where I work) signs a form
> > that allows us to do a background check which include a credit,
> criminal, prior employment etc. checks.
> >
> > In my experience- these forms are pretty standard for almost all
> businesses.
> >
> > My real world work position includes protecting the corporation I
> work for, and for liability reasons as well as many other reasons
> > we do not hire people who have criminal histories. There is of
> course latitiude-- no one is going to lose out on a position because
> > he's had an arrest 20 years ago when he was in college for some
> minor misdemeanor.
> > employee who doesn't have a criminal history and one who does, I'll
> hire the one without every time. There are simply too many
> > potential problems liability wise to knowingly hire someone with a
> record that puts either the company's employees or assets at
> > risk. And yes, we've fired employees for being arrested (but not
> yet convicted) for violent felonies.
>
> Wow. Freakin' wow. There it is, in black and white for all to see.
>
> Um, let me guess. As a matter of corporate policy, you do, of
> course, routinely re-hire those fired employees, with full back pay
> and benefits, who have been arrested for violent felonies if they
> subsequently have their original charges dropped, or reduced to a non-
> violent felony, or reduced to a misdemeanor, or acquitted, right?
What is more, the company may actually expose itself to a
discrimination lawsuit here. If the fired person was black, the effect
of such a policy would be racial discrimination. When it comes to
discrimination cases, my understanding is that it is illegal
regardless of intent, when it just simply results in affecting one
group more than another. Given that the arrest rate for blacks is much
higher than for whites, that might well be the case.
Obviously, the Alito/Roberts court wouldn't buy such an argument :-(
> > I'm surprised you feel like my volunteer work with and for NCSF is
> relevant in this matter at all.
I'm blown away that somebody at that level of the NCSF can in her day
job be that incompatible with what the NCSF stands for. To me, this
undermines the credibility of the NCSF to a very substantial extent.
Maybe you can bring that question up at the next NCSF board meeting?
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posted by Annja Sue at
8:56 PM
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