Comments on: “Push to ban crime box on job applications expands” http://overlawyered.com/2013/12/push-ban-crime-box-job-applications-expands/?utm_source=rss&utm_medium=rss&utm_campaign=push-ban-crime-box-job-applications-expands Chronicling the high cost of our legal system Wed, 23 Apr 2014 21:18:57 +0000 hourly 1 http://wordpress.org/?v=3.8.1 By: TexJudge http://overlawyered.com/2013/12/push-ban-crime-box-job-applications-expands/comment-page-1/#comment-255437 Tue, 17 Dec 2013 17:46:46 +0000 http://overlawyered.com/?p=42978#comment-255437 Let’s say I have a small local trucking company. I hire someone who has experience and seems good but, because of EEOC or other rules, I am unable to find out he has 2 DWI convictions. He then causes a wreck while operating one of my trucks and blows a .20, over twice the limit. Will I be liable for the injuries he caused when there was no way I could have known he liked to drive drunk? Given the fact that the Democratic Party and the judiciary of many states are controlled by plaintiff’s lawyers, my defense that the government precluded me from checking him out will fall on deaf ears.

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By: Bill Poser http://overlawyered.com/2013/12/push-ban-crime-box-job-applications-expands/comment-page-1/#comment-254933 Sat, 14 Dec 2013 02:33:02 +0000 http://overlawyered.com/?p=42978#comment-254933 Is there federal legislation on this point or did the EEOC just decide on its own that criminals are a protected class?

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By: MattS http://overlawyered.com/2013/12/push-ban-crime-box-job-applications-expands/comment-page-1/#comment-254898 Fri, 13 Dec 2013 23:40:42 +0000 http://overlawyered.com/?p=42978#comment-254898 “The San Fran Chronicle article is clearly a puff piece. I wonder how many violent felons THEY employ?”

You don’t understand at all, THEY only employ white collar criminals.

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By: nl7 http://overlawyered.com/2013/12/push-ban-crime-box-job-applications-expands/comment-page-1/#comment-254852 Fri, 13 Dec 2013 19:40:56 +0000 http://overlawyered.com/?p=42978#comment-254852 Seems like possible side effect is that employers will have to use less direct factors to guess who might be a criminal, focusing on things like education, appearance, age, possibly ethnicity, and of course resume gaps. Which means that a high school grad with a two year resume gap is in danger of being assumed to be a criminal (perhaps heightened if black male, given the prevalence of unconscious prejudices and racist incarceration patterns) and is now in the awkward position of either preemptively discussing criminality (but with little way to prove it, presumably) or leaving it unaddressed for etiquette reasons and then risking negative assumptions.

Combined with anti-employment rules that make it harder to fire people and harder to pay low-productivity employees their actual value, you could see lots of people with lengthy resume gaps who on paper are tough to distinguish from criminals.

Interviewers will tend to rely on hunches, where necessary, which is likely to promote some unconscious prejudices. Or the rule will simply tend to exclude people with lengthy unemployment periods.

Of course, given how easy it is to google a name and general region and find mugshot sites and crime stories, is this really a plausible rule? It’s getting to the point where employers don’t need to ask, and that probably punishes interviewees who might otherwise be able to spin the experience if asked about it.

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By: Mike http://overlawyered.com/2013/12/push-ban-crime-box-job-applications-expands/comment-page-1/#comment-254825 Fri, 13 Dec 2013 14:50:56 +0000 http://overlawyered.com/?p=42978#comment-254825 Canvasback: Well, no…this is a racial issue. “But for” the enormous number of minorities (who are now the majority, I think) with criminal records, there would be no real push for these laws restricting employers.
The San Fran Chronicle article is clearly a puff piece. I wonder how many violent felons THEY employ?

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By: Jim Collins http://overlawyered.com/2013/12/push-ban-crime-box-job-applications-expands/comment-page-1/#comment-254823 Fri, 13 Dec 2013 14:27:18 +0000 http://overlawyered.com/?p=42978#comment-254823 Will this law give the employer immunity from lawsuits, if they hire somebody with a criminal record. I seem to remember reading here about a hotel being sued after one of their employees raped and murdered a woman and her daughter. The lawsuit said that the hotel didn’t protect it’s customers, because, the employee had a criminal record.

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By: Canvasback http://overlawyered.com/2013/12/push-ban-crime-box-job-applications-expands/comment-page-1/#comment-254773 Fri, 13 Dec 2013 05:25:59 +0000 http://overlawyered.com/?p=42978#comment-254773 Is this like the govt. admitting their faux pas in criminalizing so much behavior that it’s cutting into their income tax revenue?

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