discussion question response #1
Module 1 Week 1 Discussion
Christopher Allen posted Feb 11, 2020 4:44 PM
2. Select a category (age, race, religion, marital status, criminal/incarceration history, pregnancy, sex, sexual identity, education level, parenthood, national origin, dress, economic status, military status, and so forth). The most stereotypical choice would be military but for this example I want to focus on criminal/incarceration history.
3. In the United States, how are individuals in the category that you selected protected from discrimination in employment? Unfortunately there are no specific federal laws that prohibit employers from asking about an prospects criminal history, but it is a federal law to use criminal history to make employment decisions under Title VII of the Civil Rights Act of 1964 (U.S. EEOC, n.d.). I think however that if a person was convicted of a crime and served their time that it should not be discriminated against unless it is a crime such as pedophilia and they are applying to a place like child care or working in a school. Many careers deal in service attributes and I am pretty sure someone who attempted to murder someone with a poison might not be best suited for working in a kitchen. So in some aspects I am I guess discriminatory against those with a criminal history.
4. For the category you have selected, how are U.S. protections different from or similar to protections in another country (You choose the country to make the comparison). Much like the United States most of Europe does not have laws that prohibit criminal record-based employment discrimination (CBED). The protections are very similar in that only a limited amount of a person’s criminal record can be taken into account. Criminals in European countries do have to obtain or submit a criminal record certificate, but they do not have to provide a copy of their criminal record to the employer (Jacobs, Larrauri, 2015)
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Reference
U.S. Equal Employment Opportunity Commission (EEOC). N.d. Laws Enforced by EEOC Retrieved from https://www.eeoc.gov/laws/statutes/
U.S. Equal Employment Opportunity Commission (EEOC). N.d. Pre-Employment Inquiries and Arrest & Conviction Retrieved from https://www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfm
Jacobs, J. Larrauri, E. January 13, 2015. European employment discrimination based on criminal record II – discretionary bars Retrieved from https://ccresourcecenter.org/2015/01/13/european-discretionary-employment-discrimination-based-criminal-record/