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Emily Disney

on 17 April 2013

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Employers Criminals Disproportionate representation
Example According to the 2010 Census
African Americans
Account for 14% of the total population,
but 40% of the population of America's Prisons Increased Arrests Rotate axis and drag frames
to change balance Crime and Punishment.... and EMPLOYMENT Scarlet Letters- predict future behavior? Criminal History is easily discoverable
-Court Records
-Police Records fear that there is systematic bias ... Regulation Federal mandates
Vulnerable/Defenseless population
Hazardous job State Regulation essentially anything else. (10 Am. USC) KS CASE EXAMPLE Limit the ability of employers to use Criminal History NEGLIGENT HIRING TORTS -Knew, or should have known
-Hiring Employee
-Created a specific risk of harm
-That particular harm occurs Creepy Truckdriver
Angry Baker

.... foreseable future
of bad employee's EEOC GUIDELINES PROBLEM Using Criminal Records as a way to discriminate
against person for "race, color, religion, sex,
national origin" Civil Rights Act 1964, Title VII SOLUTION Disparate Treatment, Impact
-litigation Employer Rebuts Presumption if Denial for Criminal history is:
1) consistent with business necessity
2) job related
Case of the Frat Brothers SOLUTIONS?
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