thereisnospoon
Gold Member
How in the hell can anyone prove in a court of law that an applicant was excluded due to a prior criminal conviction?
In any event, such a blanket regulation would be impossible.
Many occupations require the handling of money, handling of sensitive financial information or other sensitive material. Also, law enforcement requires a clean criminal history.
It's simple. Since all employers are honest and forthright, they will immediately confess to their nefarious conduct, hire the man with full back pay and have a full-page apology printed in the local newspaper.
JOKING !!!!
If the proposed legislation is adopted, I assume job applications will allow the applicant to explain his criminal convictions in detail. If he is denied employment, he may file a complaint alleging he was not hired solely because of his criminal conviction. He must first establish a prima facie case by proving that he was qualified for the job, his conviction was not related to the job requirements and someone less qualified but without a criminal conviction was hired instead. The burden then shifts to the employer to prove the man was not hired for other non-discriminatory reasons. That's the way things normally go in discrimination cases and I can't think of any other way it could possibly work in this instance.
What is interesting is that if improper consideration of criminal records constitutes a valid discrimination claim, the race and gender of the plaintiff/complainant is immaterial and the race and gender of the 'comparisons employees' (lesser qualified applicants who were hired over the complainant) is also immaterial. Thus a Black male who had a criminal conviction could prevail by proving that another Black male - but one without a criminal conviction - was hired over him.
Of course, I'm not the brightest bulb in the chandelier and I cannot predict what final form the proposed legislation will take, assuming that it passes.
If the legislation does pass, I will be looking forward to the debate regarding which types of criminal convictions can lawfully be used by employers to bar applicants from certain positions. Clearly (as you have observed), if someone was convicted of embezzling, it would by prudent and proper for a bank to refuse to hire him as a teller, but not every case is going to be so readily apparent. From a legal perspective, all this could get very interesting. It could turn into a lawyers' paradise.
And some people wonder why more and more employers are trying to automate their businesses.
That is humor. I recognize that.
Look, on perfect world your astute analysis would be spot on.
We don't live in such a world.
We both know with every anti discrimination law, every racial or demographic set aside and every gender based regulations, what has happened is the rule of paw has been flipped on its head.
In these cases, all that is required is the charge that something is amiss. That someone was wronged. The burden of proof invariably falls on the accused to prove he DID NOT do something wrong.
That is the main reason why these anti discrimination laws are despised by business and adored by plaintiff's attorneys.