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