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SuperGrover2112

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  1. Thank you AdjunctFL and cbg. I read guidelines from EEOC on this topic, and it seems the use of criminal background checks, in some cases, might be a way of discriminating against minorities, as some minorities have a disproportionate number of convictions based on what is thought to be rooted in an unfair justice system. By saying that they might fire, or not hire people with a criinal record in those cases the employer may be liable for discriminatory practices, unless they can show that the employee or candidate is being ruled out on the basis that the nature of the infraction directly relates to the performance of the job. I understand that Title VII is at it's heart about discrimination, but I was wondering about how it might be applied in practice. It wasn't clear to me from the EEOC guidelines if the cautions against using criminal history as a basis for employment was to be applied only to minorities, or if it applied in a more general sense, since if they can't discriminate against criminal history for a person in a protected class, then it becomes unfair if they do apply it only to non miniritues. (Some might call that reverse discrimination).
  2. Actually, am I protected from being fired over non related criminal convictions under Title VII of the Civil Rights act of 1964 IS a legal question. Your 'answer' isn't helpful, and it is ok to say you don't know since you can't even realize the nature of the question. Are you here just to 'troll' people?
  3. Hi, I've worked for a large bank for 8-1/2 years as a computer programmer. I am contemplating applying for a more advanced position with more pay, but I know they might discover criminal convictions I received 13 months ago, and then fire me. 20 Months ago I was in a car accident and had a severe head injury. I don't remember the accident, but was arrested half mile away from the scene. I don't know how I got there but assume I drove away from the accident. After being released from jail, I went straight to the hospital and had a CT scan and diagnosed with a concussion and neck trauma. I barely remember the arrest, but I was charged with leaving the scene of an accident (damages $6000 - felony, and no one injured, insurance paid), and as a bonus I was charged with 3rd degree misdemeanor assault on an officer because as they had me on the ground handcuffing me they said I swung my head back at the officers face. They said I smelled of alcohol but I don't drink, and they never charged me with a DUI or DWI. Instead, they said I refused a breath test, (and medical treatment), so I lost my license for a year. My lawyer fought that, but we lost. Now I have the arrest records, the court public record of a felony, but on probation, a misdemeanor 3rd degree assault conviction, and court record that I lost the case against the state of Missouri for appealing the alcohol refusal license suspension. I ended up doing a plea agreement, and plead guilty to the charges, and got probation on the felony with SES, and I had a lot of conditions, which I have already complied with, but I will be on probation another 18 months. My performance at work has always been reliable, and my boss and his boss are aware of the situation and what happened from my perspective. I have worked the 7 years before the charges and a year since the conviction with no other legal issues or performance problems. Would I be likely to loose my job if HR ran a criminal check on me for applying for the promotion? I am white, would Title VII protect me at all from being fired for my criminal background? My job does not require driving. In fact, I work from home and rarely see anyone for work. I don't know how HR would view the nature of the charges, and if they would have cause to fire me. Any advice would be appreciated. Thanks
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