-Employment Inquiries and Arrest

Module 1 Week 1 Discussion

 

Christopher Allen posted Feb 11, 2020 4:44 PM

 

1. How do you think the European case discussed in the video report would be decided in the United States? Why? In the United States there are many laws that help protect against discrimination. These laws cover the basis of race, color, religion, national origin, or sex (U.S. EEOC, n.d). In the United States however, the wear of religious clothing in the workplace can be frowned upon depending on the career choice for safety reasons. Also visibly projecting a particular religion onto others could be a violation of others religious beliefs. So I understand why some businesses would want to deter the use of religious wear at work. According to the EEOC though, the law requires employers to “reasonably” accommodate an employee’s religious beliefs. Because of this law I believe it would be a more acceptable practice in the United States.

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/


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