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Just because someone gets arrested doesn't mean they have a criminal history. It doesn't even show up on a criminal history record,because getting arrested isn't even a crime.
Just because someone gets arrested doesn't mean they have a criminal history. It doesn't even show up on a criminal history record,because getting arrested isn't even a crime.
Wrong. It depends on the background check. If the employer is willing to pay more money, they can conduct a background check that reveals both arrests and convictions.
I always thought that companies could not make hiring decisions based on arrests; they only had to consider convictions. Has this changed?
As a black republican I have to call Pepsi out on that. Although I am not one to stand up for felons, merely denying employment opportunities for simple arrests without conviction is simply ridiculous. It's their business, and they should be able to enforce policy as they see fit within limits, but still...
I understand the whole issue regarding discriminating based on arrests but why is this a black/hispanic issue exactly? Were there no white or asian applicants denied based on their arrest record?
As a black republican I have to call Pepsi out on that. Although I am not one to stand up for felons, merely denying employment opportunities for simple arrests without conviction is simply ridiculous. It's their business, and they should be able to enforce policy as they see fit within limits, but still...
Well, I've read about this case from several different sources (Reuters, CBS, and Minnesota Public Radio), and none of them mention Jackson or Sharpton. They do mention that the money will mostly be divided out and distributed to people who did not get jobs due to the policy.
I must ask, what is your source for this suspicion? Because it seems you pulled it out of your previous bias against those men.
Under Title VII of the CRA, criminal history, and arrest history is fine to use to disqualify a potential employee, as long as the criminal history is relevant. If you are arrested for DUI and you're applying to be a driver, that's relevant. If you are arrested for DUI and you're applying to be a data entry operator, it isn't, and should not be used to exclude you. Make sense?
It is relevant. If you got a DUI, then clearly you exercised bad judgment.
Quote:
Originally Posted by Emeraldmaiden
It does not say that in so many words, you are correct. However, blacks and latinos are much more likely to be arrested (whether they are convicted or not, and whether charges are eventually brought or not), and so using arrest records ends up being (unintentionally, in this case) discriminatory.
Quote:
Originally Posted by jerseygal4u
Sorry,but I read in that paragraph this line"barred applicants who had benn arrested,but not convicted of a crime".
If they weren't convicted of the crime,why would they still include arrests as a means of hiring?
Quote:
Originally Posted by jerseygal4u
Just because someone gets arrested doesn't mean they have a criminal history. It doesn't even show up on a criminal history record,because getting arrested isn't even a crime.
An intelligent person would have the records sealed. It's free. Just go to your local Legal Aid Office, or search on the web. There are groups who will file the paperwork for you for free, if you are so stupid you don't know how to read or comprehend above 6th Grade language skills.
Also, note that certain criminal convictions can be expunged from your records, or sealed. The circumstances for doing so vary from State-to-State, but generally, 7 years after your sentence is complete, and that would include completing parole (successfully), you can file the paperwork, and again, Legal Aid and many other groups will do that for you, for free.
I am not aware of any State that will seal/expunge a Capital crime (ie murder, kidnap or rape).
So, the question is, what is a job worth to you? Is it worth the time and effort to file the paperwork to have your arrest or conviction sealed or expunged?
It is relevant. If you got a DUI, then clearly you exercised bad judgment.
Marrying certain people is bad judgment too.
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