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

From: email address redacted [mailto:email address redacted]
Sent: Friday, October 02, 2015 11:16 AM
To: 'EEOC - I I G'
Subject: RE: Obama's EEOC: We'll Sue You If You Don't Hire Criminals [Incident: 150725-000010]

You say that it could LIMIT the employment opportunities of some protected groups.   

TWO QUESTIONS: 
How can I limit a protected group?   Or are you trying to say being a criminal is a protected group?

My question is based upon what you said below:
I do not rent to anyone with a criminal record that hasn’t been expunged, and I don’t discriminate based upon a protected group since I read the law to say that criminal activity is NOT a protected group.

You said: 

However, using such ‘criminal’ records as an absolute measure to prevent an individual from being hired and/or in taking an adverse employment action could limit the employment opportunities of some protected groups and thus cannot be used in this way.


From: EEOC - I I G [mailto:info@eeoc.gov]
Sent: Thursday, October 01, 2015 2:28 PM
To: email address redacted
Subject: Obama's EEOC: We'll Sue You If You Don't Hire Criminals [Incident: 150725-000010]

Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.

If this issue is not resolved to your satisfaction, you may reopen it within the next 7 days.

Thank you for allowing us to be of service to you.
 

 Subject

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

 

 Discussion Thread

 Response Via Email (Inquiry)

10/01/2015 01:27 PM

Thank you for contacting the U.S. Equal Employment Opportunity Commission (EEOC). We apologize for the delay in responding.

You state, "Obama's EEOC: We'll Sue You If You Don't Hire Criminals"

There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records.    However, using such records as an absolute measure to prevent an individual from being hired and/or in taking an adverse employment action could limit the employment opportunities of some protected groups and thus cannot be used in this way.

In 2012, the EEOC updated its guidance about using arrest and conviction records to screen job applicants and employees while also avoiding employment discrimination. This 2012 Guidance does not prohibit criminal background checks. Like the first EEOC guidance from 1987, the updated Guidance says that employers may manage the risk of crime in the workplace -- while avoiding employment discrimination -- by using targeted and fact-based criminal background checks. Like it did in 1987, the EEOC recommends relating the facts of the offense to the nature of the job, and how much time has passed. The EEOC also recommends giving people an opportunity to correct inaccuracies in their criminal record, or to provide more information, before the final employment decision is made.

In addition, several state laws limit the use of arrest and conviction records by prospective employers. These range from laws and rules prohibiting the employer from asking the applicant any questions about arrest records to those restricting the employer's use of conviction data in making an employment decision. You may wish to inquire with a local/state agency regarding laws in your state.

Alternatively, you may call us at 1-800-669-4000 (TTY: 1-800-669-6820) to discuss your situation.

We hope this information is helpful.

Sincerely,

U.S. Equal Employment Opportunity Commission

 Auto-Response

07/25/2015 11:12 AM

Thank you for contacting the United States Equal Employment Opportunity Commission. 

This automated response confirms receipt of your inquiry and is not intended to address your specific questions.  For those of you wishing to file a charge of employment discrimination, please note that there is a time limit of either 300 or 180 days to file a charge, depending on a number of factors.  If you want to file a charge or have questions about your time limits to file a charge, you can visit our online assessment tool at https://egov.eeoc.gov/eas/ as well as our Employees and Applicants section on the www.eeoc.gov website.  You can not file a charge via email.  We will respond to your specific questions promptly.

 

 Customer By Email (na na)

07/25/2015 11:12 AM


I am a landlord I do not rent to anyone convicted of any crime misdemeanor or higher that hasn't had it expunged. I am a landlord of 5 rentals. I don't discriminate against anyone by race, religion, country etc. but I do discriminate against any convicts as I describe above.

It it NOT race based but criminal record based. If blacks commit more crimes that is just a sad situation, but I have rented to blacks in the very recent past and they moved out because of a job location change and I didn't want them to leave, but if the applicant has a criminal record I won't rent to them EVER.

http://www.allhomebased.com/blaine.html

I will not rent to anyone who is an illegal alien because they just admitted they are a criminal though not convicted. They just admitted they are someone who disregards the law to benefit themselves. What about them using someone else's SSN to get the job? That is another crime.

BELOW is on my webpage listed above. I dare you to sue me because I will win and I won't even get a lawyer because I can discriminate against people that are convicts and who are here illegally.

> Verifiable income is the most important item (this means you have a job with income that can be verified. Sorry but no cash only jobs and no 100% commission jobs either). Length of employment (in the same field or same employer) is the 2nd most important item.

No applications from these people:

> Felons (if it hasn't been expunged)

> Have a gross misdemeanor on your record (if not expunged)

> Have a misdemeanor on your record (if not expunged)

> Smoke pot (marijuana still a 'federal' crime in each and every
single state) and I don't allow smoking (second hand smoke is dangerous).

> No illegal aliens. If you are an illegal alien (or) even if you
have EVER been an illegal alien I will not rent to you even if you are now legal (the fact that you were an illegal alien at one time proves to me that you don't care about the law). If you worked in the US while an illegal alien means you provided false information to get that job which means I could never trust you even if you are now legal. Ever being an illegal alien is a criminal act and especially if you used a stolen SSN (social security number) number to work, open a bank account, take US government assistance, drive on our roads etc....

> Smokers. The apartment for rent is totally non-smoking (no smoking
even outside because others use the same entrance/exits). You can't smoke the electronic cigarettes either because they contain nicotine in the vapors.

From: email address redacted [mailto:email address redacted]
Sent: Friday, February 22, 2013 5:09 PM
To: 'info@eeoc.gov'
Subject: Obama's EEOC: We'll Sue You If You Don't Hire Criminals

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

What is this about?

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."

MY QUESTION:

If someone is a criminal that means they can't be trusted as much as an
honest person, it has nothing about being black.

Criminal status is NOT a protected class.

 

 Question Reference #150725-000010

Escalation Level: 

24 jeopardy

Product Level 1: 

EEOC Overview

Date Created: 

07/25/2015 11:12 AM

Last Updated: 

10/01/2015 01:27 PM

Status: 

Closed

Employer Zip Code: 

 

 

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