Thread: Obama’s EEOC: We’ll Sue You If You Don’t Hire Hire Felons; Criminals

Obama’s EEOC: We’ll Sue You If You Don’t Hire Criminals

Friday, 15 Feb 2013 10:52 AM
By Jim Meyers

The Obama administration’s Equal Employment Opportunity Commission says it should be a federal crime to refuse to hire ex-convicts — and threatens to sue businesses that don’t employ criminals.

In April the EEOC unveiled its “Enforcement Guidance on the Consideration of Arrest and Conviction Records,” which declares that “criminal record exclusions have a disparate impact based on race and national origin.”

The impetus for this “guidance” is that black men are nearly seven times more likely than white men to serve time in prison, and therefore refusals to hire convicts disproportionally impact blacks, according to a Wall Street Journal opinion piece by James Bovard, a libertarian author and lecturer whose books include “Freedom in Chains: The Rise of the State and the Demise of the Citizen.”

Most businesses perform background checks on potential employees, but the EEOC frowns on these checks and “creates legal tripwires that could spark federal lawsuits,” Bovard observes.

An EEOC commissioner who opposed the new policy, Constance Baker, said in April that the new guidelines will scare businesses from conducting background checks.

Reason: If a check does disclose a criminal offense, the EEOC expects a firm to do an “individual assessment” that will have to prove that the company has a “business necessity” not to hire the ex-convict. If the firm does not do the intricate assessment, it could be found guilty of “race discrimination” if it hires a law-abiding applicant over one with convictions.

Bovard points out that the “biggest bombshell” in the new guidelines is that businesses complying with state or local laws requiring background checks can still be sued by the EEOC.

That came to light when the EEOC took action against G4S Secure Solutions, which provides guards for nuclear power plants and other sensitive sites, for refusing to hire a twice-convicted thief as a security guard — even though Pennsylvania state law forbids hiring people with felony convictions as security officers.

Bovard quotes Todd McCracken of the National Small Business Association: “State and federal courts will allow potentially devastating tort lawsuits against businesses that hire felons who commit crimes at the workplace or in customers’ homes. Yet the EEOC is threatening to launch lawsuits if they do not hire those same felons.”

Bovard concludes: “Americans can treat ex-offenders humanely without giving them legal advantages over similar individuals without criminal records.”

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I have been applying for positions for a few years now with no luck. Any company that pays anything will always ask these questions on applications are you on federal assistance or food stamps, a minority, a veteran, a felon, a citizen, handicapped. Sometimes I feel it goes against me because I am not any of these above things except a citizen. One human resource lady actually told me there is government money availabe for companies that hire them. When I asked if they get hired first she wouldn't answer me..probably why I didn't get the job because I asked.

EEOC: Background Checks Are Racist

February 22, 2013 by Sam Rolley

The Administration of Barack Obama has widely emphasized the need for criminal background checks to be performed on anyone who wishes to purchase a firearm. Meanwhile, officials at the Equal Employment Opportunity Commission (EEOC) are threatening lawsuits against some companies that perform background checks on potential employees because they have a disparate impact on minorities.

According to the EEOC’s own enforcement guide for criminal background checks, they’re racist because they can lead to: “(1) disparate treatment (e.g., intentionally treating a white job applicant with a criminal conviction differently than a minority job applicant); or (2) disparate impact (e.g., a neutral policy of excluding job applicants with criminal histories, but such policy disproportionately screens out certain racial or ethnic groups).”

EEOC officials contend that to avoid being sued for civil rights violations for not hiring an applicant with a criminal history, an employer’s policy or practice of excluding applicants based upon criminal history must be “job-related and consistent with business necessity.”

The Office of Federal Contract Compliance Programs (OFCCP), the agency that makes sure companies doing business with the Federal government adhere to affirmative action mandates, announced earlier this month:

OFCCP stated it is aware of contractors posting job announcements that categorically exclude applicants with arrest or conviction records or require applicants to have a “clean” criminal record. OFCCP believes these practices likely violate federal discrimination laws.

Also of note, OFCCP follows EEOC’s recommendation that employers not ask about criminal convictions on job applications. Further, OFCCP suggests that if an employer asks about an individual’s criminal history at any point during the application process, the employer limit the inquiry to convictions that are related to the job in question and are consistent with business necessity.

In the Nation’s past, from the time slavery was abolished until the Jim Crow South became a relic, the gun-control laws that were the harshest were those that were levied against blacks. If the EEOC feels background checks are so racist that companies should hire people without the benefit of knowing whether the new employee is a convicted felon or habitual misdemeanor offender, should the same logic apply to encouraging across-the-board background checks for firearm purchases? Of course, maybe it doesn’t matter, gun control was born of racism in the United States.

EEOC: Background Checks Are Racist : Personal Liberty Digest™

The Obama Job Plan? Hire Criminals




It is no secret Obama has a vendetta against small businesses in America.

Just when you thought it couldn’t get any worse it does. Obama’s Equal Employment Opportunity Commission is going after and charging companies for using criminal background checks before hiring employees.

The EEOC claims that by doing a criminal background check you are being discriminatory.

They are going so far as to force BMW to hire those who they did not hire because of a failed background check and give them back pay

How would you feel if a convicted rapists was hired at your child’s day care?


http://americanoverlook.com/the-obam...riminals/10785