RE: [BDSM-LegalIssues] Re: New book -- good but disturbing
I'll say "generally" no questions asked are inherently illegal. There are
certainly, as in everything dealing with the law, exceptions.
Conflicting legal requirements and restrictions?
From: BDSM-LegalIssues@
[mailto:BDSM-LegalIssues@
Sent: Saturday, December 29, 2007 2:23 PM
To: BDSM-LegalIssues@
Subject: [BDSM-LegalIssues] Re: New book -- good but disturbing
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@
<mailto:BDSM-
>
> 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-
> [mailto:BDSM-LegalIssues@
<mailto:BDSM-
> Sent: Saturday, December 29, 2007 10:31 AM
> To: BDSM-LegalIssues@
<mailto:BDSM-
> 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-
> <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
> >
> >
> >
> >
> >
> > Community email addresses:
> > Post message: BDSM-LegalIssues@
<mailto:BDSM-
> <mailto:BDSM-
> > Subscribe: BDSM-LegalIssues-
<mailto:BDSM-
> <mailto:BDSM-
> > Unsubscribe: BDSM-LegalIssues-
<mailto:BDSM-
> <mailto:BDSM-
> > List owner: BDSM-LegalIssues-
<mailto:BDSM-
> <mailto:BDSM-
> >
> > Shortcut URL to this page:
> > http://www.onelist.
> > Yahoo! Groups Links
> >
> >
> >
>
>
>
>
>
> [Non-text portions of this message have been removed]
>
[Non-text portions of this message have been removed]
Post message: BDSM-LegalIssues@onelist.com
Subscribe: BDSM-LegalIssues-subscribe@onelist.com
Unsubscribe: BDSM-LegalIssues-unsubscribe@onelist.com
List owner: BDSM-LegalIssues-owner@onelist.com
Shortcut URL to this page:
http://www.onelist.com/community/BDSM-LegalIssues
Earn your degree in as few as 2 years - Advance your career with an AS, BS, MS degree - College-Finder.net.
Earn your degree in as few as 2 years - Advance your career with an AS, BS, MS degree - College-Finder.net.
Change settings via the Web (Yahoo! ID required)
Change settings via email: Switch delivery to Daily Digest | Switch format to Traditional
Visit Your Group | Yahoo! Groups Terms of Use | Unsubscribe
__,_._,___
posted by Annja Sue at
3:47 PM
0 Comments:
Post a Comment
Subscribe to Post Comments [Atom]
<< Home