Some job-screening tactics challenged as illegal

[The Northerner]

WASHINGTON — Companies using criminal records or bad credit reports to screen out job applicants might run afoul of anti-discrimination laws as the government steps up scrutiny of hiring policies that can hurt blacks and Hispanics.

A blanket refusal to hire workers based on criminal records or credit problems can be illegal if it has a disparate impact on racial minorities, according to the Equal Employment Opportunity Commission. The agency enforces the nation's employment discrimination laws.

"Our sense is that the problem is snowballing because of the technology allowing these checks to be done with a fair amount of ease," said Carol Miaskoff, assistant legal counsel at the EEOC.

With millions of adults having criminal records — anything from underage drinking to homicide — a growing number of job seekers are having a rough time finding work. And more companies are trying to screen out people with bankruptcies, court judgments or other credit problems just as those numbers have swollen during the recession.

Just ask Adrienne Hudson, a single mother who says she was fired from her new job as a bus driver at First Transit in Oakland, Calif., when the company found out she had been convicted seven years earlier for welfare fraud.

Hudson, 44, is fighting back with a lawsuit alleging the company's hiring practice discriminates against black and Latino job seekers, who have arrest and conviction rates far greater than whites. A spokesman for First Transit said the company does not comment on pending litigation.

"People make mistakes," said Hudson, who is black, "but when they correct their mistake, they should not be punished again outside of the court system."

Read more: http://www.google.com/hostednews/ap/article/ALeqM5g9mBNs_6usTSEuZ9yff-j-evFEzgD9HHHOO81

[RUMMYisFROSTED]

1. Hooray for stepped-up scrutiny!

:woohoo:

[rucky]

2. When I was teaching at a school in Dayton,

I was one of the few white people on staff. I've been in alot of different work environments, and I have to say that this was the most by-the-book, stringent and stiffly professional one I've worked in, but warm and collegial nonetheless. There was a level of intensity I've never seen before. The principal and I were talking one day, and I shared with him my observations: He explained that there is little or no room for error if you're black and want to succeed, and this is a hard but necessary lesson to impart on the kids. I think the students know too - even in fifth grade - that the road is not easy. I don't think alot of us have the discipline to succeed under the microscope, where every mistake is punished over and over again. The prospect of living like this can be very daunting, and if there's a way around it, I wouldn't blame anyone for taking that route.

And if you look at what Maxine Waters and Charlie Rangel are going though now, same lessons are learned. If you want to discriminate without actually discriminating, just hold that person to higher standards than you would for yourself.

[Travis_0004]

3. I understand not allowing credit scores to be a factor, but criminal records should be fair game

For certain jobs, credit scores are and should be a factor. I wouldn't hire a financial adviser with bad credit, unless he could give me a good reason why (economy, divorce, etc). For most jobs, credit scores should not be allowed to be checked.

As for criminal records, I think that information is fair game. It shows character, and judgment. If one candidate has a felony, and another doesn't. I'm hiring the candidate without the felony every time(assuming all else is equal).

Also, in the article, was Mrs. Hudson fired for lying on an application, or for having the felony. If the question is never asked, or she answers honestly and gets the job, they should not be able to fire her later, but if she lies on an application, that should be fair grounds for termination.

[OneTenthofOnePercent]

4. Agreed on all points.

[rucky]

6. Do you think the ongoing stigma - after time served - is a deterrent

to recidivism, or does it promote it by leaving people with less choices?

[Travis_0004]

9. It may encourage repeat offenders since they have less choices

But even so, employers should be allowed to hire (who they think) is the best person for the job. Is somebody without a high school diploma more likely to have trouble finding a job, and therefore commit crimes? Its possible. Does that mean employers should not be allowed to ask if people have a high school diploma? In my opinion, no. If somebody wants to turn their life around after being in prison, they can. It may be more difficult, but its certainly possible. When I was in high school, I worked with an ex Felon, and he was a very nice guy. He turned his life around, and he may not have had the best job, he was good at it, and very reliable.

[BlueJazz]

5. I don't think checking credit reports and criminal records is fair or right.

1. In the "old days", your credit and consequentially your so-called "honor" was safe. Not now...stealing someones
identity or credit card number is turning into an everyday hassle.
3 of my friends have had their credit severely damaged and even after 1-3 years (depending on the person), it's still
screwed up. Judging them by their credit score is extremely unfair. They had absolutely nothing to do with ruining it.

2. The justice system is geared to help the rich. You are young, poor and steal a car...(not hijack one) and you go to jail.
You are young...have wealthy parents...steal a car and you "Get Help and counseling" and have your record...ah.."Fixed" (Thanks Mom!) I was a court stenographer (years ago) and if you think the system is fair...I've got some stock to sell you. :) :)

Murderers and rapists...well...that's a different story...that, I don't have any magic answers.

[Quantess]

8. Mostly, I agree with you.

Only workers involved in a lot of money handling, or financial accounts, should be subject to credit reports. That is the only time it's fair to discriminate against people with lousy credit.

Criminal records... well, let's face it, sometimes it is relevant. But there are still a lot of jobs where having a criminal record is forgivable.

[undeterred]

7. So they can drug test you, but not discriminate against you

if you've been convicted of selling drugs?

[Curmudgeoness]

10. I will take more fairness any way I can get it.

If it takes using anti-discrimination laws to protect minorities to get this practice stopped, so be it.