Re: [BDSM-LegalIssues] Re: New book -- good but disturbing
It may be legal in Florida to ask about arrest, but it is flat out illegal
to do so in New York, Georgia and Texas too name some in a quick search.
http://naples.
2cb/510e45e64ead755
http://www.ohr.
Question%20Guidelin
http://www.utdallas
ide.pdf
I suspect this is the case in most other states as well.
http://www.laborlaw
Having a pre-employment investigation report that has arrest info on it may
be a felony for both the investigator and the person (corporation) asking
for the report. I believe a Lexis/Nexus search will turn up some cases on
this.
The rules aren't the same in all 50 and there are exceptions for government
jobs, jobs where kids are involved, security clearances and who knows what
else.
In any case Jay is over the top. Leigha hasn't said she has hire/fire
authority at the private job where she works, nor has any policy making
input, no ownership interest. In short she has to toe the company line or
herself be looking for a job.
Gary
On 1/1/08 6:43 PM, "Tatu" <ds_arts@yahoo.
> I understand, Jay's original comment... but unless there are specific
> discriminatory legal issues involved, I would agree an employer is free to
> hire or fire anyone he pleases. I have found that it's usually the deception
> about the arrests (conviction or not), not the arrests (or convictions)
> themselves that lead an employer to not hire or terminate.
>
> We all make choices, some good, some bad. We live with the consequences of
> those choices. Employers make choices about who would best fit the situation
> based upon the choices an applicant has made. I make choices about who I am
> going to associate with. We all do. That is life.
>
> Tatu
>
>
>
> Vicki <vicki@rjhg.com> wrote: At 04:37 PM
> 1/1/2008, Tatu wrote:
>> I own and operate an investigative company and do background
>> investigations as a part of my day job. I personally find no problem
>> with someone hiring or firing someone for criminal history issues.
>
> Huh? I thought the discussion was arrests not convictions. If you are
> not convicted how can you have a criminal history?
>
> Jay is not arguing for hiring people that have been convicted (not at
> this time anyway)
> He is arguing for hiring people that have been arrested then released.
>
> -Vicki-
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posted by Annja Sue at
8:22 PM
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