Legalizing Criminals – In September Newark, NJ made criminals a protected class – Obama’s “Sons” and “Holders People” Biggest Benefactors

Heads up for this aspect:

…”Moreover,  if the EEOC claims that “criminal record exclusions have a disparate impact  based on race and national origin” why should an employer suffer the  consequences of faulty decisions made by individuals?”…

undefinedUnderstand where this is going….. This is Step One…..   If criminal background checks adversely impact blacks or males (race, gender – protected categories) during the employment eligibility process, then it becomes illegal to conduct background checks.    This “disparate impact” test is the same test applied to the concept of school discipline previously outlined.

(Via American Thinker)  On September 19, 2012, the Newark, New Jersey Municipal Council passed Ordinance 12-1630, “which limits employers’ ability to conduct criminal background checks.” The ordinance went into effect November 18, 2012 and “prevents employers with five or more employees who do business, employ persons or take applications for employment in the City of Newark, from asking applicants about their criminal history.”

The employer “can only perform the background check after a conditional offer has been made and the employer makes a ‘good faith determination’ that the job position is of a sensitive nature.” Sensitive nature is, however, not defined. In fact, if an employer is permitted to make a criminal history inquiry in connection with any employment decision, the employer first must provide the individual with written notice. The notice must advise: (1) that the employer will conduct the criminal history inquiry upon the written consent of the individual; and (2) if any adverse employment decision is made as a result of the information, the individual will have an opportunity to present rebuttal evidence.

According to a Society for Human Resource Management (SHRM) briefing submitted to the U.S. Commission on Civil Rights by Jonathan A. Segal asserts that

HR professionals are charged with ensuring that each individual hired possesses the talent, skills, and work ethic needed for the organization’s success. The consequences of making a poor hiring choice can be great, possibly leading to financial losses, an unsafe work environment, and, if the employee engages in severe misconduct, legal liability to customers, shareholders or other employees in the form of a negligent hiring lawsuit or other legal claims.

Thus, “employers typically run a credit check, for example, on only those finalists for positions that involve money-handling or other fiduciary responsibility.” In fact, “many state laws require the use of criminal background checks for certain industries to maintain their licenses.” These would include health care and child care positions. Asking a potential employee’s previous employer often results in a less than accurate assessment because “employers can face claims made by the former employees themselves (in the form of a defamation or retaliation lawsuit).” That is why “many employers use the services of a background check company in an attempt to obtain the most accurate and complete picture of the potential employee.”  (read more)

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17 Responses to Legalizing Criminals – In September Newark, NJ made criminals a protected class – Obama’s “Sons” and “Holders People” Biggest Benefactors

  1. akathesob says:

    This is insane. Great posting today the treehouse is on a roll today…

  2. czarowniczy says:

    Tells you one hell of a lot about the population of Newark, doesn’t it?

  3. stellap says:

    If I were a Newark employer, I’d move my business to another city.

    • kathyca says:

      Not sure whether it’s changed in the past few years, but the major employers in Newark that come to mind are the courts — state and fed (Judge Napolitano was there), schools (UMDNJ/Seton Hall/NJIT), the hospital associated with UMDNJ, NJ Transit, the prison, Newark Airport, Port Authority, PSE&G. Prudential used to be there, but I’m not sure they are any more. But you get the idea. There’s not a whole lot of private business in Newark other than chopshops, bars, seedy hotels, etc. A lot of law firms have offices in Newark b/c of the proximity to the court house and public transportation to NYC and the ‘burbs, but they are almost all (literally) in a couple of office buildings right across the street from the entrance to the train station. Everybody else in the private sector is long gone.

      Newark is a total chithole and has been my entire lifetime. This doesn’t surpise me one bit.

      • howie says:

        This is why employers are requiring degrees to work as hamburger flippers. They have to protect themselves from the NJ’S of the world in the Job Description.

  4. LouDaJew says:

    looking at Nat Jack’s smirk makes me sick. I see her as a perpetual victim in her own mind.

  5. LouDaJew says:

    I once went to the EEOC back in the early 90′s to complain about 2 black women who were clearly discriminating against me. even another black woman told me that they looked for ways to set me up. I explained this to the EEOC, and they told me that they couldn’t help me. I then knew that the EEOC only helps blacks.

  6. sundance says:

    I just want to expand the intellectual considerations a bit. For several years we have been outlining the stealth use of “disparate impact” (a clinton legacy). A legal term used by professional leftists to construct their ideological rules of fairness.

    People do not currently understand that it is “unlawful” NOT to hire illegal aliens based on EEOC decisions about disparate impact and hiring practices. Yes, you read that right. It is against the law NOT to hire illegal aliens.

    This same ideological mindset and approach is what is being used to diminish behavioral issues which impact minorities. Such examples are the school suspension/discipline “disparate impacts”, and in this latest example Newark NJ use for “criminal background checks”.

    “Disparate impact” is a legally defined term which refers to any process, which as an outcome of qualification, negatively impacts a federally protected category of personage. Currently there are 23 protected classes of personage.

    This same “disparate impact” is what pushes the Same-Sex Marriage laws to be federally approved and defined. It was structured in New York to create the constitutional question – and once it reaches SCOTUS it will apply nationally. The ‘criminal background check’ is originating in Newark NJ, but is advanced for the same purpose: To reach SCOTUS and then apply nationally.

    This is how the professional left rolls.

    This, my friends, is what you need to become a subject matter expert at noticing and discussing with your friends. You ask “what can I do”? Well, here is a place to start.

    Understand how “disparate impact” is used within lefist arguments based on the foundation of the EEOC (Equal Employment Opportunity Commision), and professional users of Civil Rights.

    They use existing law structures to undermine Constitutional principles.

    • stellap says:

      Thanks for that explanation. It clarifies a lot.

    • lovemygirl says:

      Can the buy a weapon and bypass the background check?

    • lovemygirl says:

      The EEOC should be investigated for sex discrimination. Their entire Commission is female. ;)

      • wag o' the western plains says:

        The fact they’re female means diddly. I went to them after a supervisor who sported a forearm tattoo of the Confederate and Nazi flag and the words F*** You told me exactly what I ‘needed’. When I turned him down, I was pressured till I was fired on bogus allegations. I found it funny that the black EEOC caseworker didn’t see the problem with this creep’s choice of body ‘art’, or why that would create a hostile environment. Not what I expected as a woman harassed on the job in a male dominated field. Ah well, at least I have the satisfaction of knowing he will have to explain to his maker why he desecrated his vessel, and should there be a ‘reset’, the EEOC will go the way of the dodo.

  7. libby says:

    It has been illegal to test prospective employees for intelligence for quite some time (we wouldnt want smart employees, would we?).
    Now that we arent allowed to hire the smart employees, now you wont be able to hire the honest ones either.
    Slippery slope.
    Funny thing I came to realize some years back.
    Most of us are taught in school to go out and get a job (while very very very few of us have been taught how to create jobs). We have been taught to demonize those that create jobs, but we have not been taught to create jobs.

  8. howie says:

    I wonder why job’s are being shipped overseas? I doubt it could have anything to do with this. Nahh it is just evil capitalists. Until a clean sweep of the administrative agencies is made it will just get worse. Until their are no private employers. This whole house of cards will have to collapse 100% before anything happens. That will only occur when the prog’s run out of OPM. They will drain every drop of blood they can access first. This is the giant sucking sound. It suck’s

  9. cjmartel says:

    As if jobs are hard enough to find, now some excon is on the same level as an honest LAW ABIDING person in the hunt for jobs. There is a reason to do a background check, you know the ol’ leopard and spots thing?

  10. Bongo says:

    So if a convicted pedophile applies for a job working with children, the employer cannot check his background? That’s just plain dangerous.

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