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U.S. Civil Rights Comm. Panel Blasts Policy Making Job Background Checks Discriminatory
Judicial Watch ^ | February 21, 2014

Posted on 02/21/2014 5:01:26 PM PST by jazusamo

A new Obama administration policy that says criminal background checks are discriminatory against minority job applicants is “deeply flawed,” according to half of the commissioners who sit on the U.S. Commission on Civil Rights, the independent and bipartisan federal agency created by Congress decades ago.

The administration has gone after companies that use criminal background checks to screen job applicants, claiming in lawsuits that the probes disproportionately exclude blacks from hire. In the last year the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the nation’s workplace discrimination laws, has sued two large companies that screen criminal background records, asserting that it violates Title VII of the Civil Rights Act. Ironically, the EEOC conducts criminal background checks as a condition of employment and credit background checks for most of its positions.

But when private businesses utilize the tool it violates federal civil rights laws because information about prior convictions is used to discriminate against a racial or ethnic group, according to an EEOC policy issued in mid-2012. A few months ago a federal judge hearing one of the EEOC’s discrimination lawsuits against a family-owned company in Maryland blasted the argument, ruling that the allegations are “laughable,” “distorted,” “cherry-picked,” “worthless” and “an egregious example of scientific dishonesty.”

There are simply no facts to support a theory of disparate impact, the judge wrote in his ruling, further stating: “By bringing actions of this nature, the EEOC has placed many employers in the Hobson’s choice of ignoring criminal history and credit background, thus exposing themselves to potential liability for criminal and fraudulent acts committed by employees, on the one hand, or incurring the wrath of the EEOC for having utilized information deemed fundamental by most employers.”

On the heels of that whipping the U.S. Commission on Civil Rights, established by Congress in 1957 to enhance enforcement of federal civil rights laws, has released a report in which half of the agency’s commissioners sharply criticize the absurd criminal check regulation. The agency has eight commissioners, four appointed by the president and four by congress. They serve six-year terms and play a vital role in advancing civil rights through objective and comprehensive investigation, research and analysis.

The EEOC’s criminal background check policy is “deeply flawed” and exceeds the agency’s authority, writes U.S. Commission on Civil Rights Commissioner Peter N. Kirsanow, a presidential appointee. Furthermore, it was adopted without releasing a draft to the public, Kirsanow writes. He explains that the foundation of the new policy is flawed because it misapplies disparate impact theory by failing to appropriately compare non-offenders to offenders and by conflating arrestees with convicts. “Perhaps more importantly, discouraging the use of criminal background checks leaves Americans more likely to fall victim to the behavior that leads to negligent hiring lawsuits.”

Here’s another good point made by Kirsanow, an African-American lawyer with an Ivy League degree who sits on the board of the Center for New Black Leadership; the EEO’s new policy “is unlikely to increase employment among African American men who are the primary purported beneficiaries.” The civil rights commission’s vice chair, Abigail Thernstrom, and another commissioner, Todd Gaziano, collaborated with Kirsanow’s statements in the report.

Commissioner Gail Heriot, a law professor at the University of San Diego California, also denounced the policy, writing in the report that it’s an “especially ill-considered idea” that will “almost certainly do more harm than good.” Heriot, a congressional appointee to the civil rights commission, classifies the measure as a bad federal regulatory idea that can do a great deal of damage. “When the EEOC tells employers that they risk liability for race discrimination if they reject job applicants on account of their criminal records, that action will have effects from Maine to the Midway Atoll.”


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: backgroundchecks; civilrights; commission; eeoc; obama
Bold lettering mine.
1 posted on 02/21/2014 5:01:26 PM PST by jazusamo
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To: jazusamo

At least for now this government isn’t telling businesses directly who they can or can’t hire, but that is likely in obozo’s EO policy pipeline


2 posted on 02/21/2014 5:09:54 PM PST by drypowder
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To: jazusamo

This SOB should go to some African, Latin American or Middle Eastern country if he wants to be a dictator


3 posted on 02/21/2014 5:12:04 PM PST by headstamp 2 (What would Scooby do?)
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To: jazusamo
Discrimination/discriminating/discriminate ... are not bad words.

They are not bad things

Everybody does it all the time .... or else everyone would drink black coffee

4 posted on 02/21/2014 5:12:32 PM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: jazusamo
Yea, let's let drug addicts work as nurses and cnas. This already is a problem in hospitals. Any business that has an employee who commits a crime will be sued. Worse would be teachers who are pedophiles. Then there bank tellers who have stolen money (another real problem). Why it is that the left is always on the side of evil?

Now I remember.

For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.
Eph 6:12

5 posted on 02/21/2014 5:13:41 PM PST by Linda Frances (Woe to those who call evil good and good evil, who put darkness for light and light for darkness.)
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To: jazusamo

Another Obama-Holder-Ogletree-Cone “reparations” effort.

The fact that a once almost totally leftist USCRC would have this much bipartisan dissent on a policy, is a major victory for common sense and safety. IT IS ALSO A MAJOR DEFEAT FOR COMRADE OBAMA AND RACIST A.G. HOLDER.

The American people are waking up to the Marxist-in-Chief’s attempts to not only “fundamentally transform American Society”, but to illegally, unconstitutionally, and subversively destroy our freedoms.

The IRS; EPA; Dept. of Interior, Energy, Agriculture, Energy and Education; FCC; FTC; ICC; and the targetted USCRC, have all been corrupted or targetted for corruption by the most corrupt American government EVER.

Marx, Engels, Lenin, Trotsky, Stalin, Beria, Brezhnev, Putin, Castro brothers, Hugo Chavez and Maduro, Ortega, Morales, Correa, Kirchner, whoever is running Red China today, and the little psychopath in No. Korea, all love to celebrate “President’s Day”, only it is a celebration of Obama’s birthday, not that of Washington and Lincoln.

I WONDER WHY?


6 posted on 02/21/2014 5:17:46 PM PST by MadMax, the Grinning Reaper
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To: Linda Frances
Why it is that the left is always on the side of evil?

Yep...For the most part they are buying votes and don't care who's votes they are.

7 posted on 02/21/2014 5:20:38 PM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

Let’s see:
Background checks to buy a kid a .22 rifle = not discriminatory.
Background checks to hire an employee who must be trusted = discriminatory.
O.K. I get it.


8 posted on 02/21/2014 5:21:31 PM PST by Fireone (Impeach and imprison, NOW! Treason and murder are still crimes.)
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To: knarf
or else everyone would drink black coffee

And child molesters would be hired to be playground monitors.

9 posted on 02/21/2014 5:21:33 PM PST by UCANSEE2 (I just messed up my tagline. Sorry for the inconvenience.)
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To: MadMax, the Grinning Reaper
The fact that a once almost totally leftist USCRC would have this much bipartisan dissent on a policy, is a major victory for common sense and safety.

I couldn't agree more and at first thought the title was botched.

10 posted on 02/21/2014 5:24:14 PM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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Please bump the Freepathon or click above and donate or become a monthly donor!

11 posted on 02/21/2014 5:26:12 PM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

The man who murdered the little 10 y/o girl he kidnapped in Springfield, MO was a convicted drug abuser.....and a paraprofessional in an elementary school....and a coach.

What background check?


12 posted on 02/21/2014 5:28:33 PM PST by Daffynition ("If you think you can do a thing or think you can't do a thing, you're right." ~ Henry Ford)
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To: Daffynition

Exactly...Evidently they didn’t but if they did a background check they ignored it, either way they were abettors.


13 posted on 02/21/2014 5:33:39 PM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

Is this what the black race wants? This kind of constant degrading publicity? Wouldn’t they prefer to have positive things written about them - their achievements, their hard work, their goals, their desire to be treated like everyone else? Can’t they tell the powers that be to stop doing them favors and let them be accepted as normal folks without any special privileges? If more blacks commit crimes and go to prison, so be it. If more blacks have criminal records and can’t find jobs, so be it.

SHAPE UP AND DO SOMETHING ABOUT IT!!


14 posted on 02/21/2014 5:41:57 PM PST by Thank You Rush
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To: jazusamo

“A new Obama administration policy that says criminal background checks are discriminatory against minority job applicants is “deeply flawed,” 

How do they feel about background checks against minority gun buyers?


15 posted on 02/21/2014 5:44:23 PM PST by lowbridge
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To: headstamp 2

Why? He’s getting away with it here.


16 posted on 02/21/2014 5:47:35 PM PST by Trod Upon (Every penny given to film and TV media companies goes right into enemy coffers. Starve them out!)
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To: jazusamo

YOU’RE DAMN RIGHT ITS “DISCRIMINATORY”!!!!

THAT’S THE POINT!!

Employers have NO OBLIGATION TO TAKE THE NEXT PERSON WHO WALKS IN OFF OF THE STREET!!!


17 posted on 02/21/2014 5:51:03 PM PST by G Larry
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To: G Larry

Amen to that...When people screw up big time they should be discriminated against.


18 posted on 02/21/2014 5:54:24 PM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

Just one more way to further reduce the number of jobs in America.


19 posted on 02/21/2014 6:22:39 PM PST by faithhopecharity
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To: jazusamo
http://mylifeofcrime.wordpress.com/2013/07/24/update-dearborn-family-dollar-kidnapping-murder-police-have-charged-lavere-bryant-with-their-murders/

Family Dollar either didn't do a background check or chose to ignore a violent criminal history and now 2 young people are dead. Pressure from the DOJ perhaps?

For those FREEPERS that think ex felons should have their right to vote restored, this POS did 1 yr for a rape committed during a home invasion but I guess his "debt to society" had been paid.

20 posted on 02/21/2014 8:31:30 PM PST by Eagles6 (Valley Forge Redux)
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To: Eagles6

That’s outrageous, he does a year for crimes he should have done at least 20 years for and then murders two people.


21 posted on 02/21/2014 8:52:02 PM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

Yeah. Actually rape should still be a capital crime but that’s just me. In a just society he never should have been released.


22 posted on 02/21/2014 8:54:17 PM PST by Eagles6 (Valley Forge Redux)
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