Re: [BDSM-LegalIssues] Re: New book -- good but disturbing
That is my recollection of it as well. Of course some of that may be in
state law rather than federal.
I know employers very much wish they could ask about marital status as that
may effect how much they have to pay in health insurance, but they are
barred from asking until they make a firm offer of employment. However if
the candidate blurts it out they can act on it.
I'm sure you can imagine an employer asking a female candidate if she is
going to get pregnant! Not permitted.
Gary
On 12/29/07 2:22 PM, "cadenas_sd" <cadenas@kkeane.
> I don't think that is quite true.
>
> Another question that, to my knowledge, is barred (unless relevant for
> a security clearance) is a question about citizenship or immigration
> status. Obviously, an employer can ask if the applicant is authorized
> to work in the USA, and also if he requires sponsorship, but he cannot
> even ask if this is a temporary or permanent work authorization, when
> it expires, or what the basis of the work authorization is. These
> questions are, of course, asked *after* the hiring decision when
> filling out the I-9.
>
> As an aside, that actually puts a photographer into a bit of a
> conundrum, because for 2257 purposes, he may have to ask some of the
> illegal questions and even is required to discriminate against certain
> work-eligible non-Americans.
>
> It is my understanding that questions about marital status are also
> off limits.
>
> --- In BDSM-LegalIssues@
>>
>> I've been following this thread with interest. But can I make a
>> clarification?
>>
>>
>>
>> With the exception of some disability related questions specifically
> barred
>> under the Americans with Disabilities Act, there are no illegal
> questions.
>> It's what you do with the answers that may be illegal.
>>
>>
>>
>> For example. If I'm a private employer (as opposed to faith based
> NFP). I
>> could ask you if you were Catholic, and that would not be illegal.
> However,
>> if I made my hiring decision based on that, it WOULD be illegal
> under Title
>> VII of the Civil Rights Act. Of course asking such questions leave
> you wide
>> open to the accusation that religion was a deciding factor when you
> chose
>> not to hire them, even if it wasn't. So it's generally considered a bad
>> practice to ask certain questions.
>>
>>
>>
>> Regarding arrest and/or conviction related questions: It is NOT
> illegal to
>> ask, it's what you do with the information. And the laws regarding
> hiring or
>> not, based upon arrest or conviction records is very state specific. For
>> example, some states have regulations barring making adverse employment
>> decisions based upon convictions UNLESS its directly related to the
>> employment. Example: Felony theft being hired as a bank teller, sex
> offender
>> working at a day care. But some states have no such restrictions. And
>> governmental agency regs, such as DOT, may be a factor as well.
>>
>>
>>
>> So I just wanted to make the clarification, it's not the asking,
> it's the
>> making an adverse employment decision based upon that information.
>>
>>
>>
>> From: BDSM-LegalIssues@
>> [mailto:BDSM-LegalIssues@
>> Sent: Saturday, December 29, 2007 10:31 AM
>> To: BDSM-LegalIssues@
>> Subject: Re: [BDSM-LegalIssues] Re: New book -- good but disturbing
>>
>>
>>
>> There is a very large difference between an Arrest record and a
> Conviction
>> record. AFIK it is illegal for an ordinary employer to ask about arrest
>> before hiring.
>>
>> You could have been arrested because your name is John Smith and
> there was a
>> warrant for a different John Smith for child molesting. But until
> they have
>> booked you and say sent your fingerprints off, they don't know you
> are the
>> wrong John Smith. However you now have an arrest on your record and
> guess
>> what for! This is what the question is about.
>>
>> If you want off a jury just tell the judge they wouldn't have
> arrested him
>> unless he was guilty.
>>
>> On 12/29/07 9:29 AM, "Jay Wiseman" <jaywiseman@
>> <mailto:jaywiseman%
>>
>>> --- In BDSM-LegalIssues@
>> <mailto:BDSM-
>>> <leigha@> wrote:
>>>>
>>>>
>>>>> Apparently, companies can purchase access to the National
>>> Criminal
>>>>> Information Center (NCIC) databases and can now "run" somebody as
>>>>> part of routine pre-employment or ongoing screening, and if an
>>>>> employee pops up as ever having been arrested, out they go (or in
>>>>> they never get).
>>>>> Bothers me, this does.
>>>>> Thoughts?
>>>>> Best,
>>>>> Jay
>>>>
>>>> I don't know if it bothers me that much. I've conducted employment
>>> screening including criminal history and background checks
>>>> for years where I work. It's been my experience that it's just good
>>> business.
>>>>
>>>> Leigha
>>>
>>> As I stated in my original post, according to the author of "Arrest-
>>> proof Yourself" many corporations have quietly adopted a policy of
>>> either not hiring or discreetly firing people who have ever been
>>> arrested. This has the real-world effect of closing such people off
>>> from many relatively high-end positions.
>>>
>>> (Note: I am *not* -- repeat: not -- talking about people who lied
>>> upon employment application forms, so let's please not go down that
>>> irrelevant and distracting side-issue.)
>>>
>>> The author labels the result of this practice as sending such people
>>> to the "electronic plantation" of low-end, low-paying jobs, where
>>> they very well may spend the rest of their working lives, regardless
>>> of their education and past work history.
>>>
>>> Are you honestly saying this corporate policy doesn't bother you and
>>> that in your opinion such a practice is "just good business"?
>>>
>>> Given your very prominent association with NCSF, I'm most eagerly
>>> awaiting your on-list reply.
>>>
>>> Most sincerely,
>>>
>>> Jay Wiseman
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