Saturday, January 5, 2008

Re: [BDSM-LegalIssues] Re: New book -- good but disturbing



On 1/5/08 5:55 PM, "cadenas_sd" <cadenas@kkeane.com> wrote:

> --- In BDSM-LegalIssues@yahoogroups.com, "Malcolm Weir" <malc@...> wrote:
>>
>>> -----Original Message-----
>>> From: cadenas_sd
>>> Sent: Saturday, January 05, 2008 2:09 AM
>>
>>> --- In BDSM-LegalIssues@yahoogroups.com, "Malcolm Weir"
>>> <malc@> wrote:
>>>>
>>>>> -----Original Message-----
>>>>> From: Vicki
>>>>> Sent: Friday, January 04, 2008 5:52 PM
>>
>> [ Snip ]
>>
>>>>> Ummmmm. The assertion they ave been working on is that
>>> companies are
>>>>> acquiring and using arrest records to make hire and fire
>>> decisions.
>>>>
>>>> Sorry, Vicki, but if you'd bother to read the thread you'll
>>> see that
>>>> it is the FACT of the arrest that Cadenas and Wiseman are so
>>>> interested in, not the RECORD of it.
>>>
>>> That's a meaningless differentiation.
>>
>> Although the differentiation isn't "meaningless", that is my point
>> exactly.
>>
>> (If arrest records were private and automatically shredded on
>> release, i.e. the record was never accessible, the fact of the
>> arrest still creates all the same issues).
>
> Which was one of Jay's original points. Companies should not be
> allowed to make personnel decisions based on arrests. Period.
>

So if 60 Minutes has a satellite truck outside the business asking everyone
who comes by why the Joe Blow preschool has the person who was just arrested
on 100 counts of child molestation as an employee you don't think that is
reason for termination?

So you don't think a company has a reason to fire the person when they just
got a call to pick up the remains of the company truck oh and by the way
your employee was arrested for drunk driving and two counts second degree
murder for the people who died in the accident?

But these are post employment offer. They can fire you for besmirching the
company reputation.

Pre-employment offer most states in the US prohibit the collection of arrest
without conviction records for use in employment decision making process.
If it is happening, wink wink, then action needs to be taken to stop it.

Gary

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