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ISN'T CONSIDERED DISCRIMINATION WHEN CONVICTED FELONS ARE ASKED ON APPLICATION "DO YOU HAVE ANY FELONIES AND THEN THEY DO NOT HIRE YOU.


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#1 helpusElShaddai_1

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Posted 22 March 2013 - 03:44 AM

MY SON'S HAVE BEEN IN THE SYSTEM FOR OVER 10 YEARS AND STILL WILL BE THERE A WHILE. ALREADY KNOWING THAT THE JOB MARKET IS NOT AT ALL GOOD. THEY HAVE BEEN LOOKING FOR JOBS AND CANNOT FIND ONE BECAUSE OF THE BIG QUESTION ARE YOU A FELON. I THINK THAT THIS QUESTION SHOULD BE EITHER DELETED FROM THE APPLICATION OR THE EMPLOYERS NEED TO BE UNDER A CLOSE WATCH BECAUSE THEY HAVE A TENDENCY TO DISCRIMINATE BECAUSE OF THIS QUESTION. THERE ARE MILLIONS OF FELONS WHO ARE NON VIOLENT OFFENDERS WHO HAVE PAID OR STILL PAYING THERE DEBT TO SOCIETY THAT WANT ANOTHER CHANCE TO PROVE THEY CAN BE PRODUCTIVE IN SOCIETY. I FIND THAT THEY ARE KNOCK OUT OF THE WATER BECAUSE THEY HAVE DONE STUFF IN THEIR PAST THAT THEY REGRET AND NOW WANT TO DO RIGHT IN THEIR LIVES NOW. PLEASE ANSWER MY QUESTION BECAUSE I REALLY AM STARTING TO SEE THAT THIS IS A FORM OF DISCRIMINATION TOWARD PEOPLE WHO STILL HAVE A LIFE AND LIBERTY.

Edited by helpusElShaddai_1, 22 March 2013 - 03:47 AM.


#2 doucar

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Posted 22 March 2013 - 04:36 AM

Sure it is discrimination, but it is not illegal discrimination. Most discrimination is perfectly legal. If you belong to a protected class, and because of that "class" you belong to are discriminated against, is it illegal. Protected class includes, race, sex, religion, national origin, disability and in some states sexual orientation. In no state is convicted felon a protected class.

#3 Fallen

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Posted 22 March 2013 - 06:58 AM

In future, please don't post in all capital letters; it's considered shouting and is very hard to read.

Yes, it is discrimination. Whether someone may be automatically eliminated from consideration because of their arrest or conviction status depends on a given state's laws. In few states will an employer be prohibited from automatically barring someone with a felony without digging a bit deeper. Please note that the below may or may not be updated and laws may change.

http://www.lac.org/t..._State_Laws.pdf

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 FindLaw_Amir

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Posted 22 March 2013 - 08:43 AM

To learn more about discrimination, visit the Employment Law Center and read Employment Discrimination as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#5 Tax_Counsel

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Posted 22 March 2013 - 09:39 AM

Under federal law, it is illegal for an employer with 15 or more employees to discriminate against an employee or job applicant because of race, color, national origin, sex, age (if age 40 or older), religion, disability, or genetic test information. Some states add additional categories of protection, like marital status, sexual orientation, military status, etc. A few states do bar some discrimination based on arrest and/or conviction records. The specifics vary by state, so not knowing the state in which they'll be looking for work and what their convictions are for, no one can say for certain what protection they may have.

While federal statute does not explicitly say that discrimination based on conviction records is illegal, the federal Equal Employment Opportunity Commission (EEOC) has taken the policy position that a practice of rejecting for employment all persons with a conviction record amounts to illegal race discrimination. Where this practice is shown to have an adverse impact on a racial group, the employer must be able to show the EEOC that it makes determinations on what convictions will result in rejection based on business necessity; i.e. that the conviction relates somehow to the qualifications for the job. The EEOC says employers need to consider (1) the nature and gravity of the offense, (2) how long ago the offense was committed, and (3) the nature of the job. For example, a bank hiring for a teller position may reject persons convicted of theft crimes because tellers handle a lot of money and hiring a known thief for such a job is risk a bank doesn't want to take. But a school hiring a teacher should not care about someone convicted of, say, tax evasion because tax evasion doesn't at all relate to the job of being a teacher. You can read the EEOC's position here: policy statement on use of conviction records.

There are some court cases that support the EEOC position. But note that these are very difficult cases to win. Judges and juries don't tend to be terribly sympathetic to ex-convicts. In addition, the reality is that even under this policy, the discrimination based on conviction records is often legal because the conviction does in some way relate to the job. Convictions for crimes of violence or theft in particular will be a problem for many employers. Some ex-convicts are sorry and won't repeat their crimes when they are released. But some do. And employers have no way to know which applicants are the former rather than the latter.




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