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Are Criminal Background Checks Illegal for Small Businesses?
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| Other Resources | The Political Joe » Are Criminal Background Checks Illegal for Small Businesses? | Rss Feed  |
 2013-06-13 6:26 AM |
 Subject: Are Criminal Background Checks Illegal for Small Businesses?http://smallbusiness.foxbusiness.com/legal-hr/2013/06/12/are-crimin... Y'know, if you don't want this to be an issue, perhaps one should strive not to be arrested. I know, that's wacky. |
| 2013-06-13 7:45 AM in reply to: DanielG |
Expert  1215   Austin, TX | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? My company does work in some facilities that require my employees do not have certain felonies on their record. I have employees sign a document agreeing to a criminal backgrouind check. It is my understanding that an employer can avoid hiring people with certain legal issues and the article seems to back that up. I think the important thing is to identify what trangressions are not allowed and have a valid reason. |
| 2013-06-13 7:53 AM in reply to: Hugh in TX |
| Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? I do believe I would just have "Have you ever been convicted of a crime?" on the application. If yes, then figure out if it has anything to do with the job. If no and you find out later they have, immediate termination. Lying on the application is a firing offense in every court I've ever heard about. Then you're not firing for the legal offense, you're firing someone for lack of integrity. |
| 2013-06-13 12:55 PM in reply to: DanielG |
Pro 5761   Bartlett, TN | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by DanielG I do believe I would just have "Have you ever been convicted of a crime?" on the application. If yes, then figure out if it has anything to do with the job. If no and you find out later they have, immediate termination. Lying on the application is a firing offense in every court I've ever heard about. Then you're not firing for the legal offense, you're firing someone for lack of integrity.
Then at one time, OJ Simpson would have been hirable at your company! That is the biggest thing I hate about our background checks. We asked only if they have ever been convicted, not charged! |
| 2013-06-13 1:22 PM in reply to: jford2309 |
| Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by jford2309 Originally posted by DanielG I do believe I would just have "Have you ever been convicted of a crime?" on the application. If yes, then figure out if it has anything to do with the job. If no and you find out later they have, immediate termination. Lying on the application is a firing offense in every court I've ever heard about. Then you're not firing for the legal offense, you're firing someone for lack of integrity.
Then at one time, OJ Simpson would have been hirable at your company! That is the biggest thing I hate about our background checks. We asked only if they have ever been convicted, not charged! Little things like innocent until proven guilty still mean something to most. No conviction means they couldn't convince 12 people who couldn't get out of jury duty that you were guilty. So you're not. |
| 2013-06-13 3:30 PM in reply to: DanielG |
Veteran 869 Stevens Point, Wisconsin | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by DanielG http://smallbusiness.foxbusiness.com/legal-hr/2013/06/12/are-crimin... Y'know, if you don't want this to be an issue, perhaps one should strive not to be arrested. I know, that's wacky. Couldn't have said it better. I could care less if a company did a criminal background check on me, I have nothing to hide, my biggest blunder on my record (if it's still even there) was a failure to yield while making a left turn, which is only a citation. I can understand where some people are coming from, convicted felons not being able to get a job and getting stuck in the whole circle of crime... I wonder how much truth there is to this? I would think if they really wanted to get out of the situation they are in they could. |
| 2013-06-13 4:21 PM in reply to: Justin86 |
Master 2477 Oceanside, California | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? It is not even an issue of innocence versus guilt. Businesses get to hire the best candidate for the job. Having a clean record versus a questionable record, regardless of actual guilt, correlates higher to the things a boss wants in an employee. Exceptions to the rule? Always a possibility. However, the difference of possibility and probability can be seen in the median income difference of someone playing the slots versus the casino CEOs. Even if I learn from my mistakes, it does not make be better than the guy who never made it in the first place. |
| 2013-06-13 4:38 PM in reply to: 0 |
Elite 6387 | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? No... back ground checks are not illegal at all. Hiring practices that may be discriminatory may be.
This should not really be news... in reality, there is no reason to hire a person with a record over another without. But when your company policy is based on blanket practices, that is when it gets shaky. Exactly what the article said. A company needs to think in terms of liability and blanket policies. My company is big... it does not have a blanket statement... "List convictions"... "Disclaimer, convictions are not a bar to employment"... but in practice, competition is so stiff... nobody with convictions gets hired... that's the difference. And my companies practices are perfectly legal. If a high school grad was hired over a degreed convict with experience and the position requires a degree... then we are getting sued and loosing.... maybe. Oh... and "charges" do not equal "convictions" in any court in the country. Edited by powerman 2013-06-13 4:40 PM |
| 2013-06-13 4:49 PM in reply to: Justin86 |
Elite 6387 | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by Justin86 Originally posted by DanielG http://smallbusiness.foxbusiness.com/legal-hr/2013/06/12/are-crimin... Y'know, if you don't want this to be an issue, perhaps one should strive not to be arrested. I know, that's wacky. Couldn't have said it better. I could care less if a company did a criminal background check on me, I have nothing to hide, my biggest blunder on my record (if it's still even there) was a failure to yield while making a left turn, which is only a citation. I can understand where some people are coming from, convicted felons not being able to get a job and getting stuck in the whole circle of crime... I wonder how much truth there is to this? I would think if they really wanted to get out of the situation they are in they could. We all have choices... I have not seen a company that wants traffic citations and usually specifically states "other than". I have things in my past that would preclude me from getting a top secret security clearance... actually, probably any security clearance(don't know). Something I have to live with, I do not loose any sleep over it... I work in a field that does not need security clearances. And besides employment... felons have SIGNIFICANT barriers to resuming a responsible productive life, that's a truth. And no, I'm not a felon. |
| 2013-06-13 9:26 PM in reply to: powerman |
Champion 7821 Brooklyn, NY | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? I used to work for a company that had a policy that they wouldn't hire anyone with a DUI conviction. Once we were trying to open a store in Texas (Houston, specifically) and after we had to rescind three offers to potential managers after their background checks came back with DUI's, I was talking to one of the other local managers and expressed my frustration about the difficulty finding anyone we could hire, and she said, "Aw, honey, down here, DUI's are like parking tickets. Everybody's got at least one or two." |
| 2013-06-13 11:40 PM in reply to: jmk-brooklyn |
Elite 6387 | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by jmk-brooklyn I used to work for a company that had a policy that they wouldn't hire anyone with a DUI conviction. Once we were trying to open a store in Texas (Houston, specifically) and after we had to rescind three offers to potential managers after their background checks came back with DUI's, I was talking to one of the other local managers and expressed my frustration about the difficulty finding anyone we could hire, and she said, "Aw, honey, down here, DUI's are like parking tickets. Everybody's got at least one or two."
Ya, that was the funniest thing I read in the article... “Take a person with a drunk-driving record applying for a job as a construction worker. There’s no direct relationship between the two,” says Smith. I'm sorry, but exactly where is a construction worker going to not get the job over a DUI? |
| 2013-06-14 6:52 AM in reply to: 0 |
Expert 1215 Austin, TX | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by powerman Originally posted by jmk-brooklyn I used to work for a company that had a policy that they wouldn't hire anyone with a DUI conviction. Once we were trying to open a store in Texas (Houston, specifically) and after we had to rescind three offers to potential managers after their background checks came back with DUI's, I was talking to one of the other local managers and expressed my frustration about the difficulty finding anyone we could hire, and she said, "Aw, honey, down here, DUI's are like parking tickets. Everybody's got at least one or two."
Ya, that was the funniest thing I read in the article... “Take a person with a drunk-driving record applying for a job as a construction worker. There’s no direct relationship between the two,” says Smith. I'm sorry, but exactly where is a construction worker going to not get the job over a DUI? If the construction worker will be operating heavy equipment (cranes, dozers, etc.), that DUI could very well keep him from getting hired. If it is a laborer position, then you are right that a DUI is a non-factor in hiring. BTW, I live in Texas and know many people without DUIs, even in the construction industry! Edited by Hugh in TX 2013-06-14 6:54 AM |
| 2013-06-14 7:52 AM in reply to: powerman |
Veteran 869 Stevens Point, Wisconsin | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by powerman Originally posted by Justin86 Originally posted by DanielG http://smallbusiness.foxbusiness.com/legal-hr/2013/06/12/are-crimin... Y'know, if you don't want this to be an issue, perhaps one should strive not to be arrested. I know, that's wacky. Couldn't have said it better. I could care less if a company did a criminal background check on me, I have nothing to hide, my biggest blunder on my record (if it's still even there) was a failure to yield while making a left turn, which is only a citation. I can understand where some people are coming from, convicted felons not being able to get a job and getting stuck in the whole circle of crime... I wonder how much truth there is to this? I would think if they really wanted to get out of the situation they are in they could. We all have choices... I have not seen a company that wants traffic citations and usually specifically states "other than". I have things in my past that would preclude me from getting a top secret security clearance... actually, probably any security clearance(don't know). Something I have to live with, I do not loose any sleep over it... I work in a field that does not need security clearances. And besides employment... felons have SIGNIFICANT barriers to resuming a responsible productive life, that's a truth. And no, I'm not a felon. I figured that any felons would have a difficult time obtaining good employment. I just not have had enough experience with being around felons, or in the hiring process. Is there anything that can be done about this? I'm sure that there are some felons out there that have paid their debt and want to go on living healthy productive lives. I'm also sure that there are an equal amount (or more, probably more) of felons out there that have no desire to do such. I have seen a company that want's traffic records, but the job involved lots of driving. It also only asked if you have had "two or more moving violations in the past X years" -- This is undoubtedly for insurance reasons and makes perfect sense. |
| 2013-06-14 1:05 PM in reply to: Justin86 |
Elite 6387 | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by I figured that any felons would have a difficult time obtaining good employment. I just not have had enough experience with being around felons, or in the hiring process. Is there anything that can be done about this? I'm sure that there are some felons out there that have paid their debt and want to go on living healthy productive lives. I'm also sure that there are an equal amount (or more, probably more) of felons out there that have no desire to do such. I have seen a company that want's traffic records, but the job involved lots of driving. It also only asked if you have had "two or more moving violations in the past X years" -- This is undoubtedly for insurance reasons and makes perfect sense. Time is the main factor. You have to establish a track record that it is behind you. Why would anybody want to hire a felon straight out of prison? Job duties, or even white collar crime... why would you want to hire a felon off the street still on probation over someone that isn't? If your job involves driving, or DOT licenses, then yes, driving is relevant. |
| 2013-06-14 1:10 PM in reply to: 0 |
Elite 6387 | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by Hugh in TX Originally posted by powerman If the construction worker will be operating heavy equipment (cranes, dozers, etc.), that DUI could very well keep him from getting hired. If it is a laborer position, then you are right that a DUI is a non-factor in hiring. BTW, I live in Texas and know many people without DUIs, even in the construction industry! Originally posted by jmk-brooklyn I used to work for a company that had a policy that they wouldn't hire anyone with a DUI conviction. Once we were trying to open a store in Texas (Houston, specifically) and after we had to rescind three offers to potential managers after their background checks came back with DUI's, I was talking to one of the other local managers and expressed my frustration about the difficulty finding anyone we could hire, and she said, "Aw, honey, down here, DUI's are like parking tickets. Everybody's got at least one or two."
Ya, that was the funniest thing I read in the article... “Take a person with a drunk-driving record applying for a job as a construction worker. There’s no direct relationship between the two,” says Smith. I'm sorry, but exactly where is a construction worker going to not get the job over a DUI? And not to disparage construction workers... my dad was one and the only thing I think he has done in his entire life was a ticket for no seat belt... but I also know the high percentage of criminals in construction work because it's the only place they can make good money and their record usually does not matter. One day at my work a scaffolding contractor had the probation department do a sweep on them... took half their crew, like 10 people... they could not finish the job we were waiting on. And this is not my basis, just an example... I happen to know a lot of criminals. Edited by powerman 2013-06-14 1:11 PM |
| 2013-06-14 1:46 PM in reply to: Hugh in TX |
Champion 7821 Brooklyn, NY | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by Hugh in TX Originally posted by powerman Originally posted by jmk-brooklyn I used to work for a company that had a policy that they wouldn't hire anyone with a DUI conviction. Once we were trying to open a store in Texas (Houston, specifically) and after we had to rescind three offers to potential managers after their background checks came back with DUI's, I was talking to one of the other local managers and expressed my frustration about the difficulty finding anyone we could hire, and she said, "Aw, honey, down here, DUI's are like parking tickets. Everybody's got at least one or two."
Ya, that was the funniest thing I read in the article... “Take a person with a drunk-driving record applying for a job as a construction worker. There’s no direct relationship between the two,” says Smith. I'm sorry, but exactly where is a construction worker going to not get the job over a DUI? If the construction worker will be operating heavy equipment (cranes, dozers, etc.), that DUI could very well keep him from getting hired. If it is a laborer position, then you are right that a DUI is a non-factor in hiring. BTW, I live in Texas and know many people without DUIs, even in the construction industry! Well, you live in Austin. It's not a big party town. |
| 2013-06-16 1:55 PM in reply to: jmk-brooklyn |
Master 2094 | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? I think we are all missing the main point of this article, "Big corporations should payout to a deserving class of lawbreakers and the attorneys that represent them" because redistribution of wealth is the right thing to do. The reality is BMW came in and saved a local community that was dying from the loss of the textile industry. BMW has been extreamely successful and the local vultures are always circling to find a new way to rob them. The 'race card" and discrimination may be the answer |
| 2013-06-17 1:07 AM in reply to: pschriver |
Elite 6387 | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Hummmm... didn't really get that point in the article. I missed it somehow. |
| 2013-06-17 12:10 PM in reply to: pschriver |
Champion 7821 Brooklyn, NY | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by pschriver I think we are all missing the main point of this article, "Big corporations should payout to a deserving class of lawbreakers and the attorneys that represent them" because redistribution of wealth is the right thing to do. The reality is BMW came in and saved a local community that was dying from the loss of the textile industry. BMW has been extreamely successful and the local vultures are always circling to find a new way to rob them. The 'race card" and discrimination may be the answer That's certainly one way of interpreting the article. Another way is, "employers may not set up an arbitrary hiring guideline that disproportionately negatively impacts a particular group of people." |
| 2013-06-17 12:22 PM in reply to: jmk-brooklyn |
Veteran 485 Elmira, ON | Subject: RE: Are Criminal Background Checks Illegal for Small Businesses? Originally posted by jmk-brooklyn Originally posted by pschriver I think we are all missing the main point of this article, "Big corporations should payout to a deserving class of lawbreakers and the attorneys that represent them" because redistribution of wealth is the right thing to do. The reality is BMW came in and saved a local community that was dying from the loss of the textile industry. BMW has been extreamely successful and the local vultures are always circling to find a new way to rob them. The 'race card" and discrimination may be the answer That's certainly one way of interpreting the article. Another way is, "employers may not set up an arbitrary hiring guideline that disproportionately negatively impacts a particular group of people." Your key word is arbitrary. If it's arbitrary, I would agree with you. We don't have the case summary laid out in front of us, just some dreary summarized media report so it's very difficult to judge... it would really be interesting to read the facts on this. You would think the company would have a reasoning. Whether it disproportionately effects negatively/positively a particular group of people is moot, and is in itself racist if the rules are "rewritten" to benefit/punish one segment of society...be it for a race, culture, skin colour, or any other way you want to demographically break out a segment of the population... |
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