Perform Criminal Background Checks at Your Peril

James Bovard, Wall Street Journal, February 14, 2013

Should it be a federal crime for businesses to refuse to hire ex-convicts? Yes, according to the Equal Employment Opportunity Commission, which recently released 20,000 convoluted words of regulatory “guidance” to direct businesses to hire more felons and other ex-offenders.

In the late 1970s, the EEOC began stretching Title VII of the 1964 Civil Rights Act to sue businesses for practically any hiring practice that adversely affected minorities. [snip}

{snip}

{snip} Last April, the agency unveiled its “Enforcement Guidance on the Consideration of arrest and Conviction Records in Employment Decisions,” declaring that “criminal record exclusions have a disparate impact based on race and national origin.”

Though blacks make up only 13% of the U.S. population, more blacks were arrested nationwide for robbery, murder and manslaughter in 2009 than whites, according to the FBI. The imprisonment rate for black men “was nearly 7 times higher than White men and almost 3 times higher than Hispanic men,” notes the EEOC. These statistical disparities inspired the EEOC to rewrite the corporate hiring handbook to level the playing field between “protected groups” and the rest of the workforce.

Most businesses perform criminal background checks on job applicants, but the EEOC guidance frowns on such checks and creates new legal tripwires that could spark federal lawsuits. One EEOC commissioner who opposed the new policy, Constance Barker, warned in April that “the only real impact the new Guidance will have will be to scare business owners from ever conducting criminal background checks. . . . The Guidance tells them that they are taking a tremendous risk if they do.”

If a background check discloses a criminal offense, the EEOC expects a company to do an intricate “individualized assessment” that will somehow prove that it has a “business necessity” not to hire the ex-offender (or that his offense disqualifies him for a specific job). Former EEOC General Counsel Donald Livingston, in testimony in December to the U.S. Commission on Civil Rights, warned that employers could be considered guilty of “race discrimination if they choose law abiding applicants over applicants with criminal convictions” unless they conduct a comprehensive analysis of the ex-offender’s recent life history.

{snip}

The EEOC’s new regime leaves businesses in a Catch-22. As Todd McCracken of the National Small Business Association recently warned: “State and federal courts will allow potentially devastating tort lawsuits against businesses that hire felons who commit crimes at the workplace or in customers’ homes. Yet the EEOC is threatening to launch lawsuits if they do not hire those same felons.”

{snip}

The EEOC is confident that its guidance will boost minority hiring, but studies published in the University of Chicago Legal Forum and the Journal of Law and Economics have found that businesses are much less likely to hire minority applicants when background checks are banned. {snip}

{snip}

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  • Anon

    Oh the irony of this. It makes the only truly effective method of avoiding such people, the one thing these laws say they are supposed to prevent. Only by purposefully excluding all blacks and other non-whites from any real consideration, but not leaving anything even hinting of a paper trail, can an entity prevent such lawsuits. Literally, companies need to embrace overt racism in order to protect themselves. Just wait until you see mass migrations of businesses to areas that are 90%+ white in order to avoid this issue.

    • jambi19

      American suburbia was created by white people partly for the reasons you state. That’s why they have section 8. They want to bring the hood to your neighborhood.

    • Jefferson

      [QUOTE] Just wait until you see mass migrations of businesses to areas that are 90%+ white in order to avoid this issue.[/QUOTE]

      A list was published a couple of months ago listing the top 10 best states to do business in. Most of the states that made the list were places where the percentage of Whites is significantly higher than the national average.

      States like Nebraska, Idaho, Iowa, Utah, and North Dakota made the list. “Vibrantly diverse” states like California and New York did not make the list.

  • Dr. X

    The Fedreral Government is a criminal organization. Literally. The prople who make the laws favoring minorities with criminal records are often themselves criminals. Barack Obama admitted to felony drug use. Charles Rangel was investigated for tax evasion. Robert Menendez is being investigated for sex with underage prostitutes. Jesse Jackson Jr. just pled guilty to felony misuse of campaign funds. Barney Frank’s lover ran a gay prostitution ring out of his apartment. The late Ted Kennedy ran off a bridge drunk and killed a girl. You can’t make this stuff up.

    The Federal Government is a malignancy on the body politic. It is destroying the United States and destroying white culture by favoring illegal immigrants and minority felons at the expense of hardworking white taxpayers. When are we going to put a stop to this — permanently??

    • Jss

      Very well said. The Federal government is literally the number 1 enemy of Whites in America, even more so then the minorities themselves. I just fear the pride and dignity of our founders has totally left their descendants in this country. Basically forcing business to hire diversity criminals or go to jail or go bankrupt? Or founders started killing their oppressors for far less. It seems there is no amount abuse we won’t take these days.

      I believe Alex Jones said it best. You could tell Whites these days that in order to not be racist you need to put your newborn baby in a microwave and cook them that most Whites would do it.I don’t agree with everything says but when the man is right he is right.

      • So CAL Snowman

        Alex Jones said that? Wow, but he’s still a sworn enemy in my opinion.

        • Jefferson

          The problem with Alex Jones is that he foolishly believes that Whites and Bantus will one day put their differences aside and become allies in helping take down big government a.k.a the new world order as he sees it.

          What Alex Jones fails to realize is the vast majority of Bantus love bigger government and do not agree with Alex Jones that the Obama administration infringes on certain people’s civil liberties.

          Bantus will call you a racist if you say the Obama administration infringes on certain people’s civil liberties like White males who are legal gun owners for example.

          Alex Jones is not a race realist when it comes to Bantus.

        • rebellisMMXII

          I cannot figure out just what the heck Alex really believes.

          • bluffcreek1967

            Alex Jones is an emotional nutcase who happens to say some correct things now and then. He is conspiratorial and he goes to extremes which often discredits the few good things he says.

          • Jss

            Perhaps jones is an emotional nut case but look at what main stream leaders in general say about whites and society in general. “White privilege” holding back a multi cultural utopia in the U.S and Europe. Guns are racist and responsible for violence. We need to pay carbon taxes to save the earth. “There is no such thing as race”. etc etc.

            I take jones with a heavy dose of salt but even his fringe positions are no more outrages to me then the crap our media and government peddle as “respectable”. Its important that you don’t let the modern MSM and government define what is fringe and acceptable opinion. That is a huge part of our problem now days.

        • Jss

          I wouldn’t call him a sworn enemy, I think he just suffers from the same flaw that almost all conservatives do, he refuses to acknowledge the reality of race in hopes of keeping respectability. I think he is dead on when he speaks of the 2nd amendment and the planned destruction of our economy and our sovereignty as nation. But without recognizing the reality of race there is simply no future for America or Europe for that matter either way.

          • StillModerated

            You can bet Jones will not be invited to speak at CPAC.

          • Jss

            The speakers at CPAC are as conservative as the modern Democrate is liberal. As in not at all. They are useless sell outs at best and anti white totalitarians more often then not.

          • The__Bobster

            I was invited, but all I saw on the list of speakers were RINO’s, so I declined.

          • http://countenance.wordpress.com/ Question Diversity

            Believe it or not, the Council of Conservative Citizens used to be regulars at CPAC and sponsors of CPAC. Late 1990s, they stopped because they saw the writing on the wall with all their pandering to blacks. Now as Bobster says, they’re not even really “C”PAC any more, they’re “Neo-C” PAC.

        • Joseph

          You may not like Alex the Obnoxious but he has the nerve to root out and put up stuff like this:

          http://www.infowars.com/dhs-supplier-provides-shooting-targets-of-american-gun-owners/

          AND- he points out Janet Napolitano singling out whites, against all evidence, as the biggest “terrorist threat”.

      • jack ryan

        American Renaissance is a White racial realist web site. Not a paranoid, conspiracy theory web site. We advocate a White American society, government that is much more like Switzerland, than Somalia or some Libertarian no government fantasy land. I’m for gun registration and not let any Blacks, Mexicans have any guns. Stop and search, NYPD style is fine with me. China’s one child policy, massive state intervention to stop the lowest IQ peopls (in our case inner city Black underclass) from having 6-8 children, that’s fine with me. Margarett Sanger the founder of Planned Parenthood was right and on our side. Most of these Alex Jones, conspiracy theory idiots have been around since the 1950s, they are not White racial realists, they used to go on and on how the conspiracy was going to hand over America to….

        THE RUSSIANS!

        Oh, that the United States of America was now run by our great kinsmen the White Russians!

        Go Putin!

        Russiatoday

        • David Ashton

          Hang on. There was a communist conspiracy against the west from 1917 until the Gorbachev era. It used anti-colonialism and negro rights as part of the war against the west. The New Left picked up the “race and gender” themes, and the small Leninist CPUSA has picked them up again too. As Spengler warned in 1934, it matters not whether the voice of Moscow ceases to dictate: the work to finish off the white world goes on by itself. The peoples of the white world must show solidarity and that includes the people of Russia, Belorussia and Ukraine.

        • Jss

          Our founders would disagree with you. They would tell you there is no need to register your guns because your scared of blacks and Mexicans who will never register their guns. Thats silly. How about we just stop living with blacks and Mexicans and basing our laws on what they want? I am fine with abortion to sense it’s keeping minoritie numbers down. Like I said, I don’t agree with everything the man says. But I find him more reliable then the MSM or government.

          You on the other hand seem to trust the government, I say this because you favor gun registration and you trust them to pick which babies should be born. I’m sorry Chinas one baby policy is absurd. Now China has a huge excess of men who can’t find wives. Try this in a white country and I would be outraged, slaughtering innocent baby white girls because the state says so? White men who will never find a date because the baby girls are typically killed? Look I would be okay with Whites having lots of kids. If you want to register your gun fine. Criminals never will. And our government wants to make you a criminal for anything it can because your white.

          Maybe in an all white nation we wouldn’t need guns. But I think we should still have the freedom to have them anyway. Gun control always seems to end up being about protecting diversity criminals from YT in the end. But go ahead Jack keep trusting the government.

          Anyway I don’t consider myself a huge Alex Jones fan, but I do give him credit when it’s do and I do think he has been right on about how the government wants whites disarmed, (that’s not to make you safer jack) our economy is being ruined by design, and our nations sovereignty is being destroyed. Yes he does say some other things that are nutty and his refusal to acknowledge race is pretty asinine at this point seeing as how he will never be respected by “respectable” people.

          None the less I trust Alex more then anyone from the government claiming they are here to help me.

    • StillModerated

      The deadly combination of higher education and television have caused White testosterone levels to plummet. YT will lie there and love the abuse as long as he has something to lose.

    • pcmustgo

      Clinton is a psychopath, Bush and Romney probably are too, Obama is a narcissist.

    • torshammar

      When are we going to put a permanent stop to this?

      The best time was years ago. The second best time is right flipping now. We must act, gentlemen.

    • jack ryan

      Nahh. Support Whites in the Federal Government, State and local government, Whites in the military. We want Whites like Sherrif Joe A in Arizona on our side. Don’t make the mistake of falling down in to anti government, conspiracy theories, Libertarian fantasies. Don’t tolerate idiots that try to align us with Al Qaeda terrorists let in to our country on unsupervised student visas.

      We’re racists, not paranoid, conspiracy theory idiots.

    • Dave4088

      Try never. 40% of whites voted for a black man who hates white people and who has appointed anti-white bigots to the Supreme Court and to head the DHS and Justice (sic) Dept. What other race on this planet has such a large contingent of self hating morons?

    • Josey Wales

      When???? Soon, and very soon. I surely hope. Make plans now for the time is short.

  • HadEnough

    This is just sooooo classic. White and other business owners — you know, the people that actually create employment — are yet again forced into contortions to accommodate the fact that the spoonies can’t behave themselves. My company gets a lot of government contracts, most of which demand criminal background checks. But now, if we actually pay attention to the results of those checks, and turn away blacks accordingly, we’ll be EEOCed into the ground.

    All logic is turned into madness in this country, and for one reason only — trying to make the blacks seem like normal people. It has to end or we have to secede. One or the other.

    • a multiracial individual

      I hear that contradictory legislation like this is quite common. Is not a business owner required to obtain citizenship status for his employees? While at the same time in danger of being sued if he terminates people based on their citizenship status?

      • The__Bobster

        Business owners fear violent criminals far more than cheap illegal squat monsters, so they will check criminal records while looking the other way on citizenship.

      • HadEnough

        Well, you can hire and fire taking into account citizenship (if they’re not citizens or don’t have a work permit of some sort, you should not hire them), but not on the basis of “national origin.” What this basically means is that you can’t ask a Hispanic for more proof of work eligibility than you would some guy from, say, West Virginia. As for firing people, that’s touchy and fraught with risk. Even though all my employees are “at will” employees, I would not dream of firing anyone other than a white male without first talking to my attorney. However incompetent the employee, if he, she or it is a “protected class” (that’s the actual legal terminology), then always touch base with your attorney first. The protected classes are everyone except able-bodied white males.

        • Daisy

          I can assure you that when ‘diversity’ attacks a white woman in the workplace she is not a protected class.

        • nobody

          I once got fired by a super looney liberal white employer to cover for the mistakes of an intoxicated black employee who was on parole. This guy was taking drugs on the job, staggering around, and slurring his speech to employees. I am a pretty good worker, and I am absolutely 100% sure that someone called in on this guy, and the manager had to fire somebody, but he felt that I deserved to lose my job more than the drug addict black felon. This was the point in my life where I really began to think about some of the subjects brought up in AmRen articles. I also recently had a job interview where a black ex-con fresh out of prison for cocaine trafficking got hired over me despite the fact that I have no criminal record, which is kind of funny even though I desperately need employment. He only lasted 2 weeks before they were forced to fire him, according to a friend who works at this business. Great decision guys.

      • Michael_C_Scott

        This is called anarcho-terrorism.

    • Ed_NY

      You can never make blacks seem like normal people. I have had a lot of exposure to blacks in my life, in many areas of this country and around the world. They all have a common denominator, filth, failure, violence, ignorance and a parasitic existance. They believe in taking and not earning or giving. They destroy rather then build. They don’t volunteer or help, they inflict pain and hurt. They believe they are victims and are entitled to the fruits of the White man’s labor. They are losers and will never change. They will never accomplish anything on their own.

  • NeanderthalDNA

    Amazing infringement on people’s rights.

    What’s next? Quotas of ex-criminals on every payroll? Jeez, it’s like an admission that blacks are prone to crime.

    White genocide. You now have to hire ex-criminals and put yourself in danger if you have a business. Heck, soon being an ex-con might be a good way to get a job…

    • NeanderthalDNA

      I wonder…if I were convicted of a “hate crime” would I get this protection?

      • jambi19

        Being prosecuted for “thought crimes” in the future is not outside the realm of possibility. Remember if there is a “disparate impact” then it must be racist. Your thoughts have a “disparate impact.”

        • sbuffalonative

          Employees are already checking Facebook and Twitter pages. Try googling your name and hometown sometime.

          When I first started using the internet, I often included my real name. However, I don’t do so anymore.

          I’m not going to make it easy for them to track down my life history. I’m sure the right people with the right computer skills can quickly determine who I am and what I posted but as I said, they’re going to have to work to find the information and put it all together.

          • StillModerated

            Use the Tor Project website to access other dodgy sites.

          • Michael_C_Scott

            When I still wanted a regular job, I started posting under my own name as a way of weeding out potential employers who would give me trouble over politics.

    • Luca

      What’s next is housing. If you are a landlord you will have to rent to a pedophile, murderer, rapist, or armed robber, otherwise you are a discriminating racist. Coming soon to a neighborhood near you. Unless of course, you’re an elite liberal living in a gated White community, then you have nothing to worry about.

      • Michael_C_Scott

        I went back to my own home after my release, and got my mail at night, just so nobody would have to look at me.

  • bubo

    I assure you that if you live in a large city with a sizable black population, there are black felons on your police and fire departments. Turner Diaries anyone?

  • Tom Iron

    It’s interesting that whatever the standard for anything, minorities don’t measure up.

  • bigone4u

    No business owner should ever be forced by the government to hire any class or race of persons. No property owner should ever be forced to rent or sell property to any class or race of persons. The federal government is a criminal organization that is completely out of control. Much that the government does seems to me to be aimed at destroying the productive class. I view the federal government as my enemy.

    • Ed_NY

      You are exactly right. A business owner should be able to hire the most qualified job applicant no matter what the person’s race might be. I for one as a former business owner would never hire a black. I also refused to hire tobacco users. I did employ a 2nd generation, American born Mexican as a cleaning person. I had 4 applicants for the position and he was the best qualified and did a good job. I got to the point where I would no longer hire single mothers with young children because they were unreliable and often missed work or had to leave early. Since I never employed more then 14 people, I never received government pressure to hire minorities. I did lose out on a few local government contracts to minority business owners though. What they charged compared to what I bid is nothing but a rape to the taxpayers. The government is not on our side.

  • guest

    The EEOC’s new regime leaves businesses in a Catch-22. As Todd McCracken of the National Small Business Association recently warned: “State and federal courts will allow potentially devastating tort lawsuits against businesses that hire felons who commit crimes at the workplace or in customers’ homes. Yet the EEOC is threatening to launch lawsuits if they do not hire those same felons.”

    There’s an easy way out of the problem. Don’t hire people in the USA. Either find a way to outsource the activities, ore base the business somewhere else, or invest in something else.

    Do the lunatics running this insane asylum understand how easy it is to choose where to invest and to move investments and assets?

    50 or 100 years ago, you couldn’t move a business around because the management, workers, and customers needed to be in proximity for communications and logistics. Today this is no longer true. A designer in Europe can work for a manager in the US and have the product manufactured in China and shipped everywhere. If one of those locations becomes undesirable, due to increased legal risks, that function will move, and fast!

    • Michael_C_Scott

      You beat me to my own post, re. offshoring. I guess I should have read all the way through the comments before writing anything. What you and I have thought of here is a no-brainer, and rest assured, business owners will think of it as well.

      • guest

        Good story, and not surprising, and illustrates exactly what I was saying. The risk of lawsuits is factored in to the decision, the same way as a business will factor in cost of leasing office space or cost of electricity or parking or anything else when deciding where to locate an operation.

        Right now I’m in California and somehow our idiots don’t understand that businesses look at tax costs, regulatory burdens, regulatory uncertainty, plus labor grievance costs, when deciding where to locate. California is suffering with all of those factors, and so businesses will decide to go elsewhere. Eventually the number of tax-payers will shrink, and so each one will be left carrying a larger share of the ever-increasing tax burden.

        What’s the end-game? We’ll turn into a third world country, where no one can do anything because there are regulations, and regulators, and taxes, and “community organizers” who all want a cut of the action.

        In your story the battery company moved to Malaysia. MY is vigorously trying to copy Singapore by rooting out third world style business practices, while we in California are vigorously trying to import those same practices.

        • Michael_C_Scott

          Eventually the few remaining taxpayers will leave as well, and what you will have is Haiti, from sea to shining sea.

          • guest

            Naturally, there is a degenerate situation, where social benefits (EBTs) increase, and taxes must increase to pay for them. This means EBT-life is more attractive than working-life, so some people will switching from work to EBTs. This means taxes must go higher, which makes work less attractive, so more people will switch.

            One factor that compounds this is that people on EBTs are allowed to vote to increase taxes.

            And then, add to that our upcoming amnesty program, which will give both EBTs and voting rights to millions of illiterates (in addition to the 40mil blacks we already have here), and what’s going to happen?

            Everyone can see what’s going to happen. This is why you can’t find a case of 556 ammo in stock anywhere for the past two months.

          • Michael_C_Scott

            Hence the recent focus on gun control, which will only accelerate the issue.

            Take up reloading. I once reloaded all modern (circa late Cold War) military rifle calibers and almost all military rifle calibers of the smokeless powder era of the 19th and 20th Centuries. I even formed cases. If you go into Wikipedia and look at an article on any old military rifle cartridge and it includes case-forming instructions (to make discontinued cartridge case up from some other, available caliber), chances are close to 100% that I wrote that part of the article.

            What you’ve described about working and paying taxes is a classical negative feedback loop. Adding in gun control simply creates more negative feedback and destabilizes the failing system even faster by eliminating whatever level of trust the parasite host may still possess.

            Don’t any of these policy-makers know anything about disaster analysis and catastrophe system collapses? I guess the feds only hire “community organizers” anymore. Silly question; mea culpa.

          • guest

            “Community organizers” (aka poverty pimps and race baiters) understand this cycle perfectly.

            I’ve thought about reloading but I’m more inclined to try some blackpowder guns. I can get a stainless steel BP revolver that looks pretty cool and easy to maintain. Also a 50cal BP rifle of some kind packs a big punch.

          • Michael_C_Scott

            You can make a “semi-smokeless” powder from 85-15 ammonium nitrate/activated charcoal. The Austro-Hungarian army used this during World War One. Use commercial magnum primers for the hotter ignition needed. I would use it only for pistol ammo as well, as ammonium nitrate crystals break up in warm weather, due to crystalline phase changes. The breakup creates smaller granules of powder, which burn faster. In the Alps, no problem, but here? Best for 9mm pistol loads as a 50/50 load with AA #5. Blend it and load it soon after crushing the ammonium nitrate prill, as it absorbs moisture very quickly.

            I tested 50-50 duplex loads with 3 grains each of AA #5 and 85-15 Ammonpulver in 9mm Luger loads 13-14 years ago. They cycled the actions of every firearm I tested in that caliber, and shot accurately with typical 125 grain roundnosed bullets.
            .

    • jane johnson

      The problem with your idea is that many items must be installed in homes, businesses, etc. Carpetlaying is one example of a trade that is relatively easy to learn, and obviously cannot be outsourced. Big box retailers like Lowe’s and Home Depot often run sales where installation is part of the package. Are they really expected to send convicted felons into the homes of their customers?! The EEOC is setting businesses up for huge lawsuits, as well as endangering consumers. Are these people completely deranged?

  • sbuffalonative

    The Buffalo Common Council recently made it illegal for an employer to as about criminal background on an application.

    The employer can still ask about your criminal background during the interview but this was done to stop people from automatically being rejected by responding “yes” on the application.

  • Enar_Larsson

    —warned that employers could be considered guilty of “race discrimination
    if they choose law abiding applicants over applicants with criminal
    convictions” unless they conduct a comprehensive analysis of the
    ex-offender’s recent life history.—

    So the point, I suppose, is that criminal history isn’t synonymous with character and that thorough investigations might get beyond the rap sheet to the character. I know some good people with silly felonies so I’ll buy that distinction at least for the sake of argument. But now we need to know how, exactly, a company is supposed to conduct such a comprehensive analyses of character? Hire a P.I.? Do facebook and twitter searches to make sure the ex-con haven’t recently posed for pictures with a baby in one hand and an assault rifle in the other, or uses a hashtag with the N-word in it and flips off the camera in profile pictures? More importantly, though, what happens when it turns out that comprehensive analyses of character are shown to have a disparate impact? Do we finally admit that some races have worse character than others and that race should be allowed to be a factor in hiring and school discipline and college admissions, etc, or do we outlaw using character as a deciding factor in these decisions?

  • a multiracial individual

    There have to be SOME liberal business owners….Will they practice what they preach?

    • The__Bobster

      LOL! Right! Do they send their kids to ghetto schools?

      • a multiracial individual

        They would call a parent a bigot for insisting that their children not attend a ghetto school. Then they would turn around and make sure their child is enrolled in a pricey private school. After all, they make 100K a year right? Surely there are some 2-3 bedroom apartments in the ghetto that would allow them to save tons of money for their child’s college education.

      • Joseph

        How long before “the powers” decide that if a house for sale is in an area
        with “too many whites” that it may *only* be sold to a POC because of “de
        facto redlining” or some such crap. Whites need not apply.

    • Michael_C_Scott

      We had a liberal business owner brag on line here about how he never hired American citizens. He shut up after I asked him in view of his hiring policy, why he would expect Americans to patronize his business.

  • Brian Pratt

    I’m 43. I got a felony when I was 19. It was for bouncing a check over the amount of $250.00 to a bookstore in my college town(which I paid back before court date). I was too scared to tell me parents so I pled guilty like a moron. It has cost me over $1,000,000.00 in salary at least so far. Just the word “felony” is enough to get your resume tossed in the trash. Never get a public defender, never talk to the police, and never bounce a check in Lynchburg, Virginia.

    • a multiracial individual

      Brian, I am sympathetic to your situation. Obviously, we need some type of filtering process in which records like yours can be exonerated. I am not sure what we can do.

    • connorhus

      Brian I feel so bad for you. Only by the grace of God and lady luck have so many of us managed to not become felons in today’s world. Felonies should really involve violent crimes and those amounting to very very large sums of money but in today’s world the government wishes to create equal outcomes and so have turned every infraction they can into a felony. The ones that really make me sick are the poor guys busted for child support arrears after losing their jobs and having paid for years prior.

      It is disgusting.

      Just another example of Black Run America attempting social engineering.

    • Fighting_Northern_Spirit

      Have you looked into getting your record expunged? http://en.wikipedia.org/wiki/Expungement

    • http://twitter.com/baldowl baldowl

      I’m in a similar boat. College-educated, with a glimmering resume, but I was turned down today for a job because of a (stupid stupid stupid) felony charge ten years ago. It’s not the first time, and it won’t be the last. I’m wondering what my options are and if I should just toss my resume and resign myself to flipping burgers.

      • Michael_C_Scott

        I made sandwiches at Subway and drove pizza only while I was on federal paper. I had to have some sort of job. I would stay in prison before I did that again. Did I ever admit here that if I ever go back, whatever other charges I receive, it will be for murder of at least one of the arresting officers?

        There are all sorts of things one can try. Work in Antarctica for a year pays well. Contact Raytheon Polar Systems. The military will take “some” varieties of felon if you are off paper. With no exceptions – you must have finished probation or parole. The Army Reserves will take you if you can finish boot camp before you are 42. I was going that route and actually wanted to be an 11 Bravo (I’d done that before for a different army), but had a mild stroke in March 2006. I can still walk forever, but I can’t run; I’m not coordinated well enough down my left side.

        In addition to college, do you have a skilled trade that you could practice part-time for a variety of folks, one of whom might later decide you were OK for full-time after a year or two of odd jobs? Even working for friends who can circulate the word can help.

        This is a matter of inches and lucky breaks.

        I know pretty much how difficult it is. I did three years in federal prison from July 2000 to July 2003. That was the easy part.

    • Michael_C_Scott

      I’m sorry; you’re three years younger than me and have still been a felon 12 years longer. That’s your whole adult life.

      The deal with public defenders is that you, as Johnny on the Spot has to do all of the work. I beat a false felony report in 2006 by someone who is now doing three to life with mandatory life on parole. I bonded out right away, got my ducks in a line, and then began regular meetings with a public defender. I got her everything she asked for, right away, and provided related material she might have wanted. I asked questions, too, during our meetings. The case never even went to trial.

      Over the last twelve years, I estimate over a million dollars in lost salary as well, as well as 3500 hours lost from my favorite hobby: shooting.

      I’m glad you didn’t let it break you, because if you think about it too much, it will.

      I don’t need the money, and the way things are going in the USA, I might be able to make up the lost time shooting in only a few years. In the meantime, I have the house paid off, my wife and I are able to avoid steady work, and we have a healthy, happy daughter.

  • Puggg

    Though blacks make up only 13% of the U.S. population, more blacks were
    arrested nationwide for robbery, murder and manslaughter in 2009 than
    whites, according to the FBI.

    Because nothing says “successful business” like hiring robbers and murderers.

    • Ed_NY

      Blacks, what are they good for? Absolutely nothing!

      • Michael_C_Scott

        Say it again. 8-)

  • Ulick

    Constantly lowering the bar to accomodate black dysfunction. This is what America has sadly become. Rather than forcing blacks to not commit felonies, our government instead forces businesses to hire felons. Our country is dying before our eyes.

  • Lewis33

    Rest easy everybody, there are whites on the EEoc watching out for us too, Chai Feldblum for example…Bwhahahaha.
    http://en.wikipedia.org/wiki/Chai_Feldblum

    • HadEnough

      With a name like that, she must be a good Christian girl.

      • HadEnough

        Okay, just looked up more on this Feldblum character. So, she was a lawyer for the ACLU before becoming a law school prof. In short, she’s never had an actual job and is therefore wholly, completely and utterly unqualified to pass judgment on business owners’ decisions. Thanks for appointing this chick to the EEOC, Barry.

        • Katherine McChesney

          She’s involved with LGBT.

      • jambi19

        Judging by the absurd spray tan she tones in her wiki profile I am guessing probably not.

      • Katherine McChesney

        bad call. Has nothing to do with Christianity. Her last name is Jewish. Far, far cry from Christianity.

        • Lewis33

          That was our point…

    • Tom Iron

      All I can say to that is – oh boy.

  • So CAL Snowman

    Wow these guys make the Italian Mafia look like choir boys and saints. Hire a convicted felon or else? This is what is has come to in the Former United States of America (FUSA)?

  • So CAL Snowman

    I can’t think of a single reason why Victoria’s Secret would not want to hire a black convicted rapist to sell lingerie to single White women.

    • jambi19

      It’s because of “white privilege” obviously. Whites have created a society that looks down upon rape, murder and theft. Society is at fault for causing a “disparate impact”. The reason they don’t have lingerie stores (or even malls for that matter) in Africa is because of “white privilege” and a “legacy of colonialism”. White women should not have the “white privilege” of being placed in safe environments free from rape. The “fear” is irrational and reveals the “ignorance” (or translated into ebonics as “ignenze”) of white women. “Diversity” through “affirmative action” will enable “social justice” as long as we “invest in communities of color”. Does anyone else notice these flash words printed / regurgitated over and over by liberals throughout the media, academia, and politics?

  • MekongDelta69

    Nobama won’t be happy until he destroys the entire country.
    That’s ALWAYS been his goal since he was a community rabble rouser.

    No surprise – It’s just what black Muslim Marxist dictators do.

  • warren ballentine

    in baltimore maryland i witnessed a group of blacks surround a little family dog and beat it to death in the middle of the street while throwing bottles at it and laughing until it bled out screaming and since that day i feel INTENSE and UNMITIGATED RAGE and DISGUST at the site of a black person. you can delete my comment but at least one person saw it.

    • nobody

      You can judge the character of a man by the way he treats animals. I have never seen a loving caring black pet owner.

  • David M

    Funny how most blacks support employment quotas, until you bring up the NBA. Since blacks are “overly represented” as starting players in that league, I think it should be fair that some black players have to step aside, and allow whites to have their positions on the team.
    Of course, expecting liberal black folks to be consistent in their logic is simply asking way too much.

    • jambi19

      Same goes with the overwhelmingly number of black bail bondsmen. Oh thats right few whites speak ebonics so that denies them employment based on the fact they would have an inability to communicate with the majority of customers. (not saying any white bail bondsman is a chump, just using satire.)

  • bccclv

    america is not the country i used to know.

  • kjh64

    Of course, if a company fails to do a background check, hires an ex-con and that ex-con commits a crime against somebody on the job, then the victim can sue the company for not doing a background check so they can’t win.

    • Fighting_Northern_Spirit

      Actually if they do a background check, and hire the ex-felon anyway per the EEOC rules, and that felon then commits a crime against a customer, is the business complicit in that crime rather than simply negligent? Certainly the EEOC is, but they’re untouchable.

  • jay11

    So how will they justify excluding criminals, ex-cons and rapists from school jobs? If the local restaurant has to accept Dequan who did five years for robbery, then the local school must accept Jose who was convicted of assault and gang banging.

    • Michael_C_Scott

      Good idea. I think that federal government agencies, particularly EEOC offices, should be forced to only hire convicted child-molesters at their in-house daycare centers. I think the old expression goes “Sauce for the goose is sauce for the gander.”

  • http://twitter.com/AFreespeechzone A Freespeechzone

    The NEW EEOC hiring priorities per the Obama government for ALL employers:

    1. illegal aliens
    2. unqualified minorities
    3. gays and transexuals
    4. felons
    5. Everyone else that is MORE than QUALIFIED (Qualified Whites)

    Failure to adhere to this priority WILL open your company to a lawsuit–that YOU will LOSE.

  • Howard W. Campbell

    I wonder what will happen when some business owner asks for proof of your ability to purchase a firearm? This could certainly throw a monkey wrench in the ability of the undertow to find a job, It would be an interesting way to filter candidates.

    • Joseph

      The same gubmint, different bureaus, are working diligently to ensure that firearms may not be purchased by any of us -except trusted persons like Dorner.

  • StillModerated

    I’d hire a felon, but only if he has an MBA from an accredited university. Preferably Ivy League.

  • gooberboy9999

    “employers could be
    considered guilty of “race discrimination if they choose law abiding
    applicants over applicants with criminal convictions””

    You heard it straight from the government folks – blacks and mestizos are criminals.

  • LHathaway

    “Not hiring ex-yard birds has a “disparate impact.””

    And yet, not giving welfare, medicare or housing to white men is just a way to ‘fight discrimination’ because they’re privileged. Why is it, whatever organization is doing the most to fight discrimination, that’s where the most discrimination takes place?

  • http://www.facebook.com/adam.piec Adam Piec

    Here in Chicago, about a year ago, Comcast hired an ex felon based on sexual assault to do cable installs. The race, the usual rapist. Well, anyway, this affirmative action hire raped a polish immigrant girl. Comcast found out later that a family member got the rapist in even though he failed the skills battery test. Also, the employee made sure the new hire docs never made the criminal background checks. The rapist got fired on the spot, along with the family member employee. The polish girl won a large lawsuit. The negroids had the audacity to sue on racial discrimination, they were shot down.

  • Luca

    Let the ex-cons pick fruit and vegetables. Keep them out in the fields and away from anything they can steal, murder or rape. It will also help cut down on the excuse that we need illegals.

  • mobilebay

    Some please tell me. Is it the whole world or just this country that has lost any semblance of sanity?

    • Michael_C_Scott

      We’re sane. We’re going to have a civil war.

      That’s all.

  • George

    Interestingly enough, business owners don’t want to employ felons, and employees don’t generally want to work for criminals, either.

    Here’s a link to an article about a hockey team in Northern Ireland who quit en masse when it was revealed that the person who bought their team is a registered sex offender in Florida:

    http://ca.sports.yahoo.com/blogs/nhl-puck-daddy/belfast-giants-abandon-franchise-owner-revealed-registered-sex-215252638–nhl.html

    Still, it hardly bears mention that the EEOC is exposing businesses to massive financial and physical risk, and customers to the same. We’ve come a looooong way since 1964 when it was promised by a certain senator that he would eat every single page of the Civil Rights Act if quotas were introduced.

    Quotas were duly brought forth.

    It remained not only sensical, but lawful for employers to refuse to hire felons. We all know which group is over-represented there. This edict was a long time in coming, but shouldn’t surprise anyone.

    Naturally, Section 8 Housing, EBT, TANF, free school lunches, etc, all have a ‘disparate impact’ on blacks, too. How about we limit the participation of minorities in these programmes to their per centage of the national population? In other words, no more than 13.1% of blacks may be receiving public largesse at any given point in time? That’s a quota I would support.

  • KenelmDigby

    The opponents of the so-called ‘civil rights’ bullpoopy, way back in the ’60s always claimed that the intention of the movement was to impose minority tyranny and dominance upon White Americans.
    They were correct.

  • Jonny Reb

    Well there is an easy way around this one, just don’t hire blacks at all. Have them come into the interview so you can identify them, then hire someone who isn’t black. Problem solved. No blacks employed for any reason.

    Next up, getting rid of the existing black workers. That’s should be simple, mandatory drug tests for all of them.

  • 5Sardonicus

    In my career in academia, I was told by our “Human Resources” department that I was not allowed to ask about the criminal record of any applicants for office positions. And yes, if I didn’t select a candidate from an “under-represented group”, I had to give reasons in writing for making that selection. Quotas and Affirmative Action are alive and well in education and government service.

  • Michael_C_Scott

    The catch-22 mentioned later in the article is the first thing I thought of when I started reading here: if a business refuses to hire ex-cons, the business gets sued. If a business knowingly hires an ex-con who later hurts co-workers or customers, or steals using private customer information, the business also gets sued.

    This seems to me to be a surefire way to drive more US commercial operations offshore. That way, no Americans get jobs. Wheee! What a deal!

  • LHathaway

    “Heck, soon being an ex-con might be a good way to get a job…”

    Soon? it was called the Welfare Reform Act of 1994. Which is still in effect, I believe. Not just tax breaks for those hiring anyone receiving government aide (a good plan for government to save money) but tax breaks for those hiring criminals and felons. Not that there aren’t dozens if not hundreds of other local to federal ‘initiatives’ out there also, promoted by either party – like the ‘enterprize zones’ approach preferred by republicans.

  • Michael_C_Scott

    The last paragraph of the redacted article is telling: “…businesses are much less likely to hire minority applicants when background checks are banned.”

    Could this be because managers are willing to hire NAMs only when they are allowed to pick and choose from among them, for desirable traits like honesty, reliability and even-temperament? These are certainly personality traits that any prior felony conviction immediately calls into very serious question.

  • LHathaway

    “…businesses are much less likely to hire minority applicants when background checks are banned.”

    I think this is a way to say minority applicants are more likely to fail background checks. You’re right though, what something appears to indicate may not be what it actually does indicate. I should stop there.

    I suspect at some of these jobs ‘minorities’ make up the majority of those living there. Even when a city is down to 10% white – even where a workforce is down 10% white – diversity hiring and sensitivity training still mean sensitivity for people of color and More minority hiring.