RE: [BDSM-LegalIssues] Re: New book -- good but disturbing
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@yahoo.
<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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posted by Annja Sue at
11:41 AM
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