Charged With Discrimination

Discussion in 'the CleAn Room' started by Spurlington, Aug 5, 2016.

  1. Spurlington
    Spurlington

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    We put out an ad for a helper and we listed Must Not Have A Criminal History. A complaint has been filed to the New York State Division of Human Rights by the guy with the criminal history. He says he was prepared to apply until he read where it says M N H A C H.

    He lives about an hour away and the posting was for part time to possible full. Was he really serious about getting this job?

    If hes the same guy I googled then he was arrested for setting up a meet to have sex with a 14 year old boy for money. Which would make him a sex offender. He shouldnt even think about applying in the first place. We work around kids everyday.

    We didnt know we couldnt discriminate against convicts. Seems like it would be a liability hiring a convict.
  2. FredC
    FredC

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  3. Russ T.
    Russ T.

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    Call me what you want but I think we, as the business OWNERS ought to be able to discriminate however we want.
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  4. pinosan
    pinosan

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    You may be screwed if he follows true.
  5. Papa John
    Papa John

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    man the headaches of being a business owner are endless and demoralizing--- until you remember how awful it was being an employee for a dickhead..:hopeless:
  6. Mikey P
    Mikey P

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    next time write "Background check performed"
  7. Lee Stockwell
    Lee Stockwell

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    Being a DISCRIMINATING Employer is vital for survival.
  8. Russ T.
    Russ T.

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    This weasel wasn't looking for a job an hour away.

    Be careful bro.
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  9. dgardner
    dgardner

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    The law that Fred posted says:
    Unlike many other areas covered by the Human Rights Law, an employer is not prevented from asking an individual to disclose prior convictions as part of the employment application process or at any time during employment.
    If the employer learns at any time that an applicant or employee has made a misrepresentation with regard to any previous conviction, it may be grounds for denial or termination of employment. (N.Y. Correction Law §751)

    and:

    It is not unlawful to discriminate if, upon properly weighing all the factors set out above, a reasonable, good faith decision is made that the previous criminal offense bears a direct relationship to the job duties, or if employment of the individual would involve an unreasonable risk to safety or welfare.

    So apparently you may have to accept anyone's application, but you can require them to disclose prior convictions and if in good faith you believe their particular conviction would pose a risk to safety or welfare you can decide not to hire them. Not too bad. But it does appear that you can't make the blanket statement that you did in your ad. Wow.
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  10. pinosan
    pinosan

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    but is good to know how. The way I understand is he actually denied the opportunity to an application or to be interviewed in his add.
  11. pinosan
    pinosan

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    and if you don't like them, flunk them with an industry test or availability.
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  12. FredC
    FredC

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    the law itself...with definitions

    http://www.dhr.ny.gov/sites/default/files/doc/hrl.pdf

    snippet:
    § 292. Definitions. When used in this article:

    1. The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

    2. The term "employment agency" includes any person undertaking to procure employees or opportunities to work.

    3. The term "labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

    4. The term "unlawful discriminatory practice" includes only those practices specified in sections two hundred ninety-six and two hundred ninety-six-a of this article.

    5. [Effective January 19, 2016:] The term "employer" does not include any employer with fewer than four persons in his or her employ except as set forth in section two hundred ninetysix-b of this article, provided, however, that in the case of an action for discrimination based on sex pursuant to subdivision one of section two hundred ninety-six of this article, with respect to sexual harassment only, the term "employer" shall include all employers within the state. 5. [Effective until January 19, 2016:] The term "employer" does not include any employer with fewer than four persons in his or her employ except as set forth in section two hundred ninety-six-b of this title.
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  13. Desk Jockey
    Desk Jockey

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    So whuts the law say about putting a cap in this guys azz? :icon_twisted:


    A joke! :shifty:
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  14. FredC
    FredC

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    That after you have satisfied the debt for doing so you can't be punished by potential employers...........or something like that
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  15. SamIam
    SamIam

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    The thing is he'll file suit for 10k sue you. You accept all applications do
    A back ground check work records and hire who
    Ever you like.

    Say you'll get in touch. I wouldn't say no
    Criminal record in print or on the web, because his lawyer will contact you.

    He's not looking for a job he's looking to sue.
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  16. SamIam
    SamIam

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    someone else had this happen a few years back
  17. PrimaDonna
    PrimaDonna

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    Can only ask about convictions. Not records
  18. FredC
    FredC

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    After the 1st job interview in PA ....varies of course


    "What Does the Law Say?

    The law tells employers when they are allowed to use information from a criminal record:

    □ Arrests: Employers that are covered by the law cannot ask about, or require you to report, an arrest or criminal charge if it did not result in a conviction and the case is not still open in court. Employers also cannot refuse to hire you, or fire you from a job, on the basis of an arrest if it did not result in conviction and the case is closed.

    □ Convictions: Employers that are covered by the law cannot ask you about, or require you to disclose, any criminal convictions on an initial job application form, or anytime before the end of the first job interview. Employers also cannot do their own, independent criminal background check on you until after you have had a first interview.

    Can Employers Consider My Convictions? Yes, employers can still take your convictions into account when they decide whether to hire you or not. The purpose of Ban the Box is to give you a chance to have an interview before the employer sees your criminal record; after you have an interview, the employer can then ask you to explain your record, and the employer can do a criminal background check on you."


    https://clsphila.org/sites/default/files/issues/Ban the Box Fact Sheet.pdf
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  19. PrimaDonna
    PrimaDonna

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    Thanks @FredC

    So who's hired people under these "terms"

    One of our best past hires fit this category.

    We knew it at the time and hired anyway. We knew there was a risk and the odds were against us but it worked out very well. I believe certain people can be reformed or made dumb choices in their youth.

    Reminds me of a recent post that got deleted..... Something about allowing a person on this board based on their past. Hmmmmmm
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  20. Nate The Great
    Nate The Great

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    They can all apply, but the position has been filled......:shifty:
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