Charged With Discrimination

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

  1. Goomer
    Goomer

    Member

    Joined:
    Feb 9, 2009
    Messages:
    2,760
    Location:
    Bronx, New York
    Name:
    Frank Mendo
    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 and ShortyDownUnder like this.
  2. Spurlington
    Spurlington

    Member

    Joined:
    Dec 15, 2012
    Messages:
    1,132
    Location:
    On The Board
    Name:
    Spurlino

    Hes only communicating with Division of Human Rights .. I wouldnt think talking to him directly would be a good idea
    FredC likes this.
  3. Papa John
    Papa John

    Lifetime Supportive Member

    Joined:
    Aug 19, 2013
    Messages:
    1,658
    Location:
    San Francisco, CA.
    Name:
    John Stewart
    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
  4. SamIam
    SamIam

    Supportive Member

    Joined:
    Aug 9, 2012
    Messages:
    5,002
    Location:
    California
    Name:
    sam miller
    Your job description is sub surface fece boy.:stir:
    Spurlington likes this.
  5. Nampa Carpet Cleaning
    Nampa Carpet Cleaning

    Member

    Joined:
    Aug 22, 2012
    Messages:
    430
    Location:
    Nampa, ID
    Name:
    Todd
    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

    • 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
    Last edited: Aug 7, 2016
    Spurlington likes this.
  6. Nampa Carpet Cleaning
    Nampa Carpet Cleaning

    Member

    Joined:
    Aug 22, 2012
    Messages:
    430
    Location:
    Nampa, ID
    Name:
    Todd
    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
    Last edited: Aug 7, 2016
  7. dgardner
    dgardner

    Moderator

    Joined:
    Apr 7, 2008
    Messages:
    4,960
    Location:
    Phoenix, AZ
    Name:
    Dan Gardner
    What would you sue him for? What I mean is what would you claim he did to you?
  8. Nampa Carpet Cleaning
    Nampa Carpet Cleaning

    Member

    Joined:
    Aug 22, 2012
    Messages:
    430
    Location:
    Nampa, ID
    Name:
    Todd
    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
    dgardner likes this.
  9. Newman
    Newman

    Member

    Joined:
    Aug 1, 2008
    Messages:
    812
    Location:
    St. Charles, IL USA
    Name:
    Chris Newman
    I would not pour gas on a fire, unless I wanted a bigger fire.
  10. Shane Deubell
    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.
    Nampa Carpet Cleaning and scottw like this.
  11. Spurlington
    Spurlington

    Member

    Joined:
    Dec 15, 2012
    Messages:
    1,132
    Location:
    On The Board
    Name:
    Spurlino
    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 !!!
    SamIam, dgardner and Bob Pruitt like this.
  12. Spurlington
    Spurlington

    Member

    Joined:
    Dec 15, 2012
    Messages:
    1,132
    Location:
    On The Board
    Name:
    Spurlino

    Our Ad used to say ... Criminal Record Must Come Back Clean on one page and Must Not Have A Criminal History on our website
  13. Spurlington
    Spurlington

    Member

    Joined:
    Dec 15, 2012
    Messages:
    1,132
    Location:
    On The Board
    Name:
    Spurlino

    He said he started the application process until he read the discriminatory statement. Therefore he did not follow through .. then filed a complaint.
  14. dgardner
    dgardner

    Moderator

    Joined:
    Apr 7, 2008
    Messages:
    4,960
    Location:
    Phoenix, AZ
    Name:
    Dan Gardner
    This has been a great thread - very informative!
    SamIam and Spurlington like this.
  15. Spurlington
    Spurlington

    Member

    Joined:
    Dec 15, 2012
    Messages:
    1,132
    Location:
    On The Board
    Name:
    Spurlino
    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.
    Newman likes this.
  16. Spurlington
    Spurlington

    Member

    Joined:
    Dec 15, 2012
    Messages:
    1,132
    Location:
    On The Board
    Name:
    Spurlino
    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.
  17. dgardner
    dgardner

    Moderator

    Joined:
    Apr 7, 2008
    Messages:
    4,960
    Location:
    Phoenix, AZ
    Name:
    Dan Gardner
    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...
    Bob Pruitt and Spurlington like this.
  18. Goomer
    Goomer

    Member

    Joined:
    Feb 9, 2009
    Messages:
    2,760
    Location:
    Bronx, New York
    Name:
    Frank Mendo
    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.
  19. Lee Stockwell
    Lee Stockwell

    FOJL

    Joined:
    Oct 7, 2006
    Messages:
    12,229
    Location:
    Benton KY USA
    Name:
    Lee Stockwell
    ...and some couldn't be a copy editor.
  20. bob vawter
    bob vawter

    Moderator

    Joined:
    Sep 15, 2007
    Messages:
    32,526
    Location:
    La La Land
    Name:
    bob vawter
    I alwez gave 'em a "drug test"....

Share This Page