Must Not Have a Criminal History
That is pure discrimination. Can't do that it gives the opportunity to this people to try and get your hard earned money the easy way. I would be calling an attorney right now and be prepared.
Charged With Discrimination
- Thread starter Spurlington
- Start date
That is pure discrimination. Can't do that it gives the opportunity to this people to try and get your hard earned money the easy way. I would be calling an attorney right now and be prepared.
must be bond-able sounds good.
good luck and hope you get this one out of the way.
dgardner
Moderator
Cleanworks
Moderator
It's ironic that a prospective employer can't discriminate but the federal government can. You can't cross the border if you have a criminal conviction because the government of both sides don't want to have that kind of criminal element their countries but it's ok to send these criminals into peoples homes to work.
Bob Savage
Member
It's really simple. You ultimately decide who you are going to hire, and that's it. No need to mention any" do not apply if's" in your ad.
Then it's up to you to sift through all who applied and make your decision for your own reasons.
There is no need to tell anyone else who applied why they didn't get the job if they were to ask you.
Then it's up to you to sift through all who applied and make your decision for your own reasons.
There is no need to tell anyone else who applied why they didn't get the job if they were to ask you.
Lee Stockwell
FOJL
I wouldn't hire half you guys.
And to be fair, the other half wouldn't work for me.
And to be fair, the other half wouldn't work for me.
Where did you advertise??
Our newspapers have statements throughout the various columns that anything discriminatory will not be published??
Did you advertiser screw up in this respect??
If so, they should not have posted it & should be liable for any fines/convictions recorded against you.
Our newspapers have statements throughout the various columns that anything discriminatory will not be published??
Did you advertiser screw up in this respect??
If so, they should not have posted it & should be liable for any fines/convictions recorded against you.
Spurlington
Member
Advertised it on Indeed.com and its on our employment page of our website. We are removing anything that sounds discrimination anywhere.
Mikey P
Administrator
Lee Stockwell
FOJL
Lol, if you only knew better.
Goomer
Member
Supportive documentation that you pro-actively changed the ad should carry a lot of weight if it escalates further.
If he is corresponding with you via E-mail, reply to him that you are now willing to accept his application, and encourage him to submit it for review.
Cover your arse.
Spurlington
Member
Hes only communicating with Division of Human Rights .. I wouldnt think talking to him directly would be a good idea
Papa John
Lifetime Supportive Member
My father once wanted me to hire a less then "desirable" friend of his--- So I had reservation about him, but hired him anyway- We showed him how Awful this Job can be from the very beginning--- he quit within a few days-- haha
SamIam
Member
Your job description is sub surface fece boy.
Nampa Carpet Cleaning
Member
It looks like you might be protected if you have under 15 employees
Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
I. Summary
https://www.shrm.org/resourcesandto.../pages/titleviiofthecivilrightsactof1964.aspx
Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
I. Summary
- An employer's use of an individual's criminal history in making employment decisions may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964, as amended.
https://www.shrm.org/resourcesandto.../pages/titleviiofthecivilrightsactof1964.aspx
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Nampa Carpet Cleaning
Member
Plus he would have to prove that you discriminated against him directly IMO which you didn't because he never applied for the job.
I would file a countersuit
I would file a countersuit
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dgardner
Moderator
What would you sue him for? What I mean is what would you claim he did to you?
Nampa Carpet Cleaning
Member
frivolous litigation is the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won.
Time and mental anguish involved and company reputation. Pretty sure you just can't go around suing people with no Merit. That is a crime in itself
you have to fight fire with fire
Time and mental anguish involved and company reputation. Pretty sure you just can't go around suing people with no Merit. That is a crime in itself
you have to fight fire with fire
Newman
Member
I would not pour gas on a fire, unless I wanted a bigger fire.
Shane Deubell
Supportive Member
- Joined
- Jun 30, 2011
- Messages
- 4,052
I would consult with an attorney.
Once the state finds you at fault they use this to file a civil claim.
From other cleaners I have heard from it ends up costing between $10-$15k to settle.
Hard to say, depends specifically what the AD said. Have to wait and see what the finding of NYS is.
Start communicating with them and ask what they need.
Once the state finds you at fault they use this to file a civil claim.
From other cleaners I have heard from it ends up costing between $10-$15k to settle.
Hard to say, depends specifically what the AD said. Have to wait and see what the finding of NYS is.
Start communicating with them and ask what they need.
Spurlington
Member
Wife called the Division of Human Rights asking questions and they say its looking like this rule dosent apply to us based on having less than 4 employees but wouldnt give a direct answer. They are requesting payroll reports of some sort. I imagine they want proof that we have less than 4 employees before giving the final answer.
I prefer to get thru this and move along. Dont want to waste anymore time and energy. People who start shit usually end up getting shit. So Ill be good with that. I wouldnt say Im in the clear now - but will definately keep you all posted. Thanks for your help !!!
I prefer to get thru this and move along. Dont want to waste anymore time and energy. People who start shit usually end up getting shit. So Ill be good with that. I wouldnt say Im in the clear now - but will definately keep you all posted. Thanks for your help !!!
Spurlington
Member
Our Ad used to say ... Criminal Record Must Come Back Clean on one page and Must Not Have A Criminal History on our website
Spurlington
Member
He said he started the application process until he read the discriminatory statement. Therefore he did not follow through .. then filed a complaint.
dgardner
Moderator
This has been a great thread - very informative!
Spurlington
Member
Our thoughts were to save time for the applicant to be honest right up front. Imagine if this guy had to drive 50 min each way just to be told sorry we cant hire you or we'll keep you in mind. What a waste of his time and gas etc.
After thinking about it .. I would hire an ex con depending on the crime. Such as - if a guy caught his wife banging the neighbor and then took a bat to his head .. Id hire him. Be good to have around incase I dont get paid. Now if the guy was a rapist .. then youre putting your customer in danger.
After thinking about it .. I would hire an ex con depending on the crime. Such as - if a guy caught his wife banging the neighbor and then took a bat to his head .. Id hire him. Be good to have around incase I dont get paid. Now if the guy was a rapist .. then youre putting your customer in danger.
Spurlington
Member
I understand criminals who get out need to work. If they dont get jobs, then they may resort to crime. They should list what employment oppurtunities a criminal may go after and ones they are not eligible for. Like a theif should not work in a jewelery store. A pedifile should not work at a day care. These places should have the right to say sorry your crime prevents you from working here.
dgardner
Moderator
A tech would possibly be alone in a customers home or business, around children, etc. Seems there is a pretty fine line between what prior crimes would not pose a public risk versus those that would.
Or my customer's home either...
Or my customer's home either...
Goomer
Member
It's sole purpose would be for you to have E-mail documentation of showing good faith and being willing to accept his application, and nothing more.
Lee Stockwell
FOJL
...and some couldn't be a copy editor.
bob vawter
Grassy Knoller
I alwez gave 'em a "drug test"....
