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EEOC: Background Checks Are Racist

February 22, 2013 by  

EEOC: Background Checks Are Racist
PHOTOS.COM

The Administration of Barack Obama has widely emphasized the need for criminal background checks to be performed on anyone who wishes to purchase a firearm. Meanwhile, officials at the Equal Employment Opportunity Commission (EEOC) are threatening lawsuits against some companies that perform background checks on potential employees because they have a disparate impact on minorities.

According to the EEOC’s own enforcement guide for criminal background checks, they’re racist because they can lead to: “(1) disparate treatment (e.g., intentionally treating a white job applicant with a criminal conviction differently than a minority job applicant); or (2) disparate impact (e.g., a neutral policy of excluding job applicants with criminal histories, but such policy disproportionately screens out certain racial or ethnic groups).”

EEOC officials contend that to avoid being sued for civil rights violations for not hiring an applicant with a criminal history, an employer’s policy or practice of excluding applicants based upon criminal history must be “job-related and consistent with business necessity.”

The Office of Federal Contract Compliance Programs (OFCCP), the agency that makes sure companies doing business with the Federal government adhere to affirmative action mandates, announced earlier this month:

OFCCP stated it is aware of contractors posting job announcements that categorically exclude applicants with arrest or conviction records or require applicants to have a “clean” criminal record.  OFCCP believes these practices likely violate federal discrimination laws.

Also of note, OFCCP follows EEOC’s recommendation that employers not ask about criminal convictions on job applications.  Further, OFCCP suggests that if an employer asks about an individual’s criminal history at any point during the application process, the employer limit the inquiry to convictions that are related to the job in question and are consistent with business necessity.

In the Nation’s past, from the time slavery was abolished until the Jim Crow South became a relic, the gun-control laws that were the harshest were those that were levied against blacks. If the EEOC feels background checks are so racist that companies should hire people without the benefit of knowing whether the new employee is a convicted felon or habitual misdemeanor offender, should the same logic apply to encouraging across-the-board background checks for firearm purchases? Of course, maybe it doesn’t matter, gun control was born of racism in the United States.

Sam Rolley

Staff writer Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After learning about many of the biases present in most modern newsrooms, Rolley became determined to find a position in journalism that would allow him to combat the unsavory image that the news industry has gained. He is dedicated to seeking the truth and exposing the lies disseminated by the mainstream media at the behest of their corporate masters, special interest groups and information gatekeepers.

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  • CHRISTOPHER ALLEN HORTON

    WHEN I SAW THIS ARTICLE, I THOUGHT ABOUT, Wal-Mart. NEGROES WHO WORK AT MEMPHIS Wal-Marts ARE “ROBBING THE CORPORATION BLIND” – AND, THAT IS NOT, AN EXAGGERATION.

    THE PROBLEM IS, NEGROES BECOME MESMERIZED BY THE VARIETY OF ITEMS ON DISPLAY. NOT THINKING ABOUT THE FACT THAT THEIR JOBS ARE “ON-THE-LINE,” THESE NEGRO EMPLOYEES ARE OVERWHELMED WITH ENVY AND THEIR FINGERS BECOME “STICKY.” LAPTOP-COMPUTERS AND OTHER SMALL ELECTRONICS ARE COMMON ITEMS STOLEN BY NEGRO EMPLOYEES.

    UNFORTUNATELY, BACKGROUND CHECKS WILL NOT HELP BECAUSE A NEGRO WITH A “CLEAN RECORD” WILL HAVE A HIGH PROBABILITY FOR THEFT, DUE TO BEING EXPOSED TO MERCHANDISE WHICH HAD BEEN PREVIOUSLY UNOBTAINABLE.

    • Warrior

      Wow, are these “Negroes” all “politicians”? I never thought of the “gubmint” /”walmart” analogy but you may be on to something here.

    • WILDFIRE

      I had worked at a place where I witnessed similar “negro sticky finger syndrome”. The company offered free coffee and flavored teas to its employees. The packets were in the open and available for anyone to grab. If the coffee machines were empty, anyone can grab a coffee packet and refill the coffee machine to perk more coffee. These sticky finger negros would fill their pockets on nearly a daily basis with coffee packets and tea packets to take home and hand out to their family. It got to the point where the company was spending nearly $6000 on coffee and tea for its employees of about 100 people. Due to the economy they had to find ways to cut back, so they brought in a coffee vending machine were coffee cost .80 cents a cup. They knew what was going on, they knew they was being ripped off, it was witnessed by nearly everyone at one time or another.

      When they brought the vending machine in and starting charging for coffee, the first ones to complain were the very same negros that had been stealing the tea and coffee by which prompted the end of the free coffee and tea.

      • WILDFIRE

        I might add that one packet of coffee would perk a 12 cup pot of coffee, they were loading their pockets with no less than 6 packets each one daily basis. Reception would stock the drawer in the morning with 50 packets, throughout the day 10 -12 packets would be used and can count the empty packets in the trash. By the end of the day 50 packets were gone, draw completely empty. They fill their pockets right in front of people even in front of me. I was the electrical eng there and I had installed hidden camera’s in the break room during a weekend when the company was closed. I would watch on the monitors in the computer room these sticky fingers and of course record it.

      • CHRISTOPHER ALLEN HORTON

        “WILDFIRE” – STEALING COFFEE, PLASTIC UTENSILS, NAPKINS AND TOILET PAPER HAPPENS AT OFFICE BUILDINGS, HOTELS, HOSPITALS, ETC.

    • Chester

      Mr. Horton, if you are saying that ONLY blacks did this, then either you were blind or else the christmas goose has nothing on you. That is a problem not only for Walmart, and not only where blacks are the majority of the population and thus, employees. It happens to nearly any retail establishment in nearly any part of the country, and guaranteed with any complexion of employee group you might want to look at. Ask any business, retail or wholesale, about inventory shrinkage, and where they think the inventory is lost. I will grant that some actually IS damaged or lost in handling, but even more walks out the door by way of some employee deciding he or she just can’t do without something.

      • tim

        The gov’t is the first place you have to have a background check. What a bunch of crap. The hypocrits are at it again!!!!!!My son got an IT job with a private corp. that does alot of gov’t work. He says his background check can take up to 6 months. Now I figure thats a long time. But when you look at gov’t workers who steal our money doing what they call work, How the hell long does it take to do a background check!!!

      • Vigilant

        Chester, CAH is an admitted racist (calls himself a “Negro white supremacist,” try to figure that one out!). Ergo, anything he says along racial lines is to be ignored as so much prejudice and nothing more.

      • CHRISTOPHER ALLEN HORTON

        “Chester,”

        Memphis Wal-Marts HAVE A MAJORITY-NEGRO WORKFORCE – INCLUDING, MANAGEMENT. [Remember, the online video of two Negro females fighting in a Memphis Wal-Mart?]. OVER NINETY PERCENT OF THE TIME, WHEN A Wal-Mart employee IS FIRED, IT IS FOR THEFT.

    • Buster the Anatolian

      “THE PROBLEM IS, NEGROES BECOME MESMERIZED BY THE VARIETY OF ITEMS ON DISPLAY. ”

      No the problem is those who steal from the company are thieving scum. I worked in Memphis for several years in retail. The company had many black employees many of which were good honest hardworking people. Of course there were a few who tried to get away with anything they could and a few non blacks as well but generaly they got cought and fired.

      • CHRISTOPHER ALLEN HORTON

        “Buster the Anatolian,”

        I ASSUME YOU ARE A SENIOR; AND, I ASSUME WHEN YOU LIVED IN MEMPHIS YOUR NEGRO CO-WORKERS HAD AN “OLD-SCHOOL” MATURITY.

        Wal-Mart IS HIRING NEGROES “STRAIGHT OUT-OF HIGH SCHOOL.” MANY OF THEM RIDE THE BUS TO WORK. SO, SINCE THEY ARE UNABLE TO AFFORD A VEHICLE – WHICH IS AT THE TOP OF THEIR CRAVINGS-LIST – THEIR PSYCHOLOGICAL DEVELOPMENT DICTATES A FOCUS ON CRAVINGS WHICH CAN BE SATISFIED – LIKE STEALING SMALL ELECTRONICS, COSMETICS, JEWELRY, ETC.

    • Vicki

      CAH that is not a suntan problem. That is a human problem. Called (as you said) Envy.

  • WILDFIRE

    as far as the EEOC and the OFCCP, the ones claiming it is racist, I’ll bet are likely black or they have no idea of reality. Affirmative action has been devistating to this Country and to corporations.

    Look, lets say a bank is looking to hire a teller who has access to cash money running through their hands. Makes absolute perfect sense to know the criminal background of the people. I mean, would you trust an excon with money, or say you are looking for someone to come into your home and care for your children while your not their or at work, maybe have them come to your aging parents home to care for them and run errands for them and have access to their finances. Would you want a excon that was busted for home invasion in your home or your elderly and possibly disabled parents home where they have free rein?

    Some companies give corporate cards to the employees for daily business expenses and for feul expenses. Some use the feul card to fill their private cars and girlfriends cars with company cards. Some positions require someone such as a receptionist or accountant to have access to “petty cash darawer” which may hold $3000 – $5000. I certainly would want to know if the person I’m entrusting the key or credit cards to are trustworthy and honest.

    These negros want to take advantage, lie and steal and when they get caught and have to pay the consequences such as have it on their record, they start screaming “Racist” “Racist”, it has nothing to do with race, if you are a criminal, regardless to color, then people should have the right to be informed and have the right to choose not to expose their self to be victimize by the criminal. Whites or other races besides blacks, when told they are not qualified or they are ineligible for the position based on their criminal background, moves on and accepts it as part of their consequences for being a criminal. But blacks, nope here they come with the “race card”, by which is living on borrowed time. Society has heard it so much now that it is the norm and everyone is becoming desensitized to the term. The race card is becoming irrelevant because it is being abused, when race has nothing to do with it.

    one needs to look no further than our own government, How many times has Obama himself suggested race being an issue against him, not the fact that his policy sucks, Or eric Holder playing the race card when held accountable for the fast and furious scandal, hank Johnson and jessie jackson, al Sharpton and so on. Anytime you hear someone screaming about race discrimination, it is like 90% of the time from a negro. Even though we have all races on this planet here. The other 10% are mexicans, they are learning that the race card ploy is an effective tool to abuse and back people off when they are in a pinch or accused of some crime.

  • Don 2

    Where is the background check on Obama?

    • Bev

      Yes, where are those background checks on Obama? I wonder how some parents might feel when they discover that their child’s teacher is a convicted sex offender. Schools wouldn’t be able to ask that question when hiring. My point is we need some background checks. We don’t need background checks on our ‘rights’.

      • Vigilant

        Based on Obama’s ADMITTED past association with Bill Ayers, he wouldn’t be able to pass a background check to even enlist in the military, let alone to be Commander in Chief.

        • http://www.boblivingstonletter.com/ Bob Livingston

          Dear Vigilant,

          And then there’s that problem with his SSN, which doesn’t pass e-verify.

          Best wishes,
          Bob

      • Vicki

        Raises the interesting question. Which is broke? The SSN or the E-Verify

  • securityman

    This is just another ploy to turn the attention away from the government thieves. obummer wants to take over and is trying everything he can to do it slyly.i believe that the background checks should be exshautive, both for jobs and for guns. I have ben through some very tight background checks for jobs and don’t think it should be an easier check just because they holler racism……..

    • Ron The Marine

      So It’s ok the US Government to stop someone from getting a federal student loan if you have a record, but racism occurs if your a private business try’s to protect itself from criminals???? Sounds like the folks at the EEOC should be fired for being so ignorant and having to much time on their hands for them to come up with this bullsh%t!

      Semper Fi.

  • http://www.facebook.com/gabriel.m.robles.50 Gabriel Mark Robles

    One of my first EEOC complaints came during the Clearence Thomas era as director. This U.S. Supreme Court justice sexually harassed Anita Hill and others. My complaint and those of my counter-parts should be a class-action litigation. In my forthcoming 5th and 6th Writ to the U.S. Supreme Court, some would say the “deck was stacked” against me a Mexican-American Christian, facing a token Black, a token Puerto Rican and a token lesbian! Can you say 14th Amendment violations?

    • Don 2

      Clarence Thomas/Anita Hill = He Said/She Said

      Your allegation that Clarence Thomas sexually harassed Anita Hill is your unproven opinion.

  • Mike

    If thats the case then lets do away with backround checks when hiring secret service agents and body guards for other politicians as well.

  • Don 2

    According to the EEOC’s own enforcement guide for criminal background checks, they’re racist because…..blah, blah, blah….

    This is lib-speak for Caucasians humbly bowing their heads and being lectured ad nauseam on the innate racism of the white race. Of course, we won’t speak of the racism of Jeremiah Wright, Jr., President Obama’s pastor for 19 years, whose anti-white rantings are legendary (“White people’s greed drives a world in need.”), or Obama’s pal Father Michael Pfleger(who said, “white people believe they’re entitled”) or Louis Farrakhan (America’s No. 1 racist nut-case, who believes the white race was invented by an evil black scientist 10,000 years ago), or Al Sharpton and Jesse Jackson, race-hustlers purveying guilt for monetary or political profit.

  • Vigilant

    “Further, OFCCP suggests that if an employer asks about an individual’s criminal history at any point during the application process, the employer limit the inquiry to convictions that are related to the job in question and are consistent with business necessity.”

    Such restrictions have allowed sexual predators to get jobs as school bus drivers. With predictable results.

  • Vigilant

    “OFCCP stated it is aware of contractors posting job announcements that categorically exclude applicants with arrest or conviction records or require applicants to have a “clean” criminal record. OFCCP believes these practices likely violate federal discrimination laws.”

    What an absolute crock! Since, by admission of OFCCP, their policy “makes sure companies doing business with the Federal government adhere to affirmative action mandates,” they admit by default that their own guidelines are discriminatory. Affirmative action is not “reverse discrimination,” it is discrimination pure and simple.

    EVERY business in the private sector has the right to establish job requirements that preclude arrest or conviction records…and I’m talking about CONSTITUTIONAL right, not the fiat of some extra-legislative regulatory agency.

  • Paul B.

    If we start to ignore background checks on criminals, what incentive do people have NOT to become criminals? People need to learn and understand that crime is bad, and that it will haunt you for a long time. We don’t teach that well enough to those committing crimes, which according to this study is disproportionately Black. To me that statement alone has a racist undertone to “assume” that crime is mostly associated with Blacks.

    They need to be conditioned, through penalty that crime is wrong. Passing legislation or allowing this regulation to be enacted sends the WRONG message.

    • Vicki

      Paul B. says:
      “If we start to ignore background checks on criminals, what incentive do people have NOT to become criminals?”

      It’s a little known (dis)incentive called HardTime. I.E. Jail. The place where we used to keep criminals till the liberals let them out.

  • Dave Bishop

    It is amazing that such bilge is permitted on this page. I am not a Democrat –far from it– I am a staunch conservative independent. But as long as we have “victims”, there will always be those hustlers who play the race card –for or against– with enough nonsense to make liberals drool like bloodhounds. To resort to invectives is a lesson in how not to win discussions and further give credence to the detestable practices and decisions of the liberal left.

  • Pete Sagi

    What I would like to point out about these background checks … they only apply to “employees” and/or “employment.” It is possible to be hired without being employed. The words “employee,” “employer,” “employment,” etc. are, in fact, all legal terms specifically defined within the revenue codes.

    First of all, a corporate entity need not “employ” anyone. True enough, it is easy to run afoul of the IRS by making all of your hired help “independent contractors.” Of course, that is another specifically defined legal term. As an “independent contractor” you would be using an SSN and filling out a form W-9, and an information report would be sent to the IRS at year’s end known as a form 1099. There are all sorts of crazy requirements in order to do that legally. HOWEVER … all of those requirements go away when the party that would be an “independent contractor” uses a corporate taxpayer ID number, such as that obtained by starting an LLC. The LLC is now the entity that is hired, it has its own taxpayer ID number, and its status is that of “outsource.” Corporations outsource all the time. There are no restrictions. No law would prevent a corporate entity from converting all of its employees into outsources using this method.

    Second … no law requires SSN use. A company that has “employees” could get out from all of the nonsense that goes along with “employment” by converting all of its people over to PRIVATE contractors. Notice I did not say “independent contractor.” The difference? Again, SSN use is 100% VOLUNTARY. The social security administration (also known as the slave enumeration bureau) will readily admit IN WRITING, if asked, that “having and using a Social Security Number is NOT REQUIRED to live OR WORK in the United States nor is it required to have just for the sake of having.” Their web address is ssa dot gov. Write them and ask them, they will respond in kind, email or snail mail, confirming what I am saying here.

    What if the company that is hiring is a taxpayer? How do they write off the cost of labor without an SSN? Easy. That can be done via the catagory of “other” on a corporate return and I believe “miscelanious” on a personal return. The procedure for dealing with someone who was non enumerated via SSN used to be spelled out in IRS publication 515, which is titled “Withholding Requirements for Non Resident Aliens.” The information used to be on page 2 and then later on page 3. The IRS ceased publishing this procedure when they were forced by law to put all of their publications on the web. Get a pub 515 from 1999 or earlier and you will find it in there.

    Finally … What about the practicalities of working without an SSN? The easiest and best thing to do is to have a skill that is readily outsourced and to use an LLC that is held by an unincorporated business trust organization, aka a UBO. There are service bureaus on the web to do both of those at a reasonable fee. With that setup, your relationship to the LLC would be that of private contractor, no SSN use, a non taxpayer. If any of your clients for whatever service you are selling … computer repair, HVAC, etc… ask for a taxpayer ID number to expense out the cost of your service on their tax return, you may provide them the LLC taxpayer ID number and they will be happy with that.

    Meanwhile … to hades with background checks and all of those silly requirements to pee in a bottle on demand. Go independent, loose the SSN, loose the income tax, and loose all the other imperial entanglements.

    Pete

  • CHRISTOPHER ALLEN HORTON

    “Lawrence Muhr” [Facebook],

    Sam Rolley’s LAST SENTENCE REFERS TO THE PROHIBITION OF FIREARMS FOR NEGROES. DURING SLAVERY, IF SLAVES HAD GUNS THEY WOULD HAVE REVOLTED. DURING “Jim Crow,” IF NEGROES FELT COMFORTABLE IN PUBLICALLY DISPLAYING THEIR GUNS, EVENTS LIKE THOSE PORTRAYED IN FILMS LIKE, “Rosewood” AND “Mississippi Burning,” WOULD HAVE HAD DIFFERENT OUTCOMES.

    “Mr. Muhr,” THE “FLIP-SIDE” OF THIS ISSUE REPRESENTS THE REASON WHY I HAVE MADE CRITICAL COMMENTARY OF, Wayne LaPierre. National Rifle Association’s DAYS OF GETTING “INSTANT TRACTION” WITH THE PUBLIC ARE OVER! IN THIS “CHANGING DEMOGRAPHY,” YOU CAN NOT ASSOCIATE THE “face of White Men” WITH GUNS AND EXPECT COLORED AMERICANS TO SAY, “That’s okay.”

  • CHRISTOPHER ALLEN HORTON

    “Philip Piner” [Facebook],

    THE “NEGRO SIDE” OF MY FAMILY HAD GUNS DURING THE EARLY TWENTIETH-CENTURY. MY MATERNAL GRANDFATHER – A DARK-SKINNED NEGRO MALE, BORN IN 1910 – GREW-UP WITH GUNS AND HUNTING. SAME IS TRUE FOR MY PATERNAL NEGRO-RELATIVES DURING THAT PERIOD.

  • http://NA Nephi

    I grew up in a gang related enviroment and committed more than my share of crimes which eventually landed me in the clink on a 10 year bid. I served it day for day and have been out 9 years and off parole for 6. I got a break thru a friend who talked his supervisor into letting me in and I havent looked back since. If you try with honest effort someone will eventually give you a chance no matter what your record looks like. The key is to show and prove once you get in the door. Out of that first warehouse job I have built a resume which includes several different jobs and there is not one place that wouldn’t hire me back in a second. True enough some cities and towns are tougher than others to find work but if you are serious enough, you can find it, budget your income and start a life worth living, you dont need a shady law like that. There is honor and respect in making friends who will go to bat for you and returning that chance with peak performance on the job. Building your own reputation will take you farther in life than any government handout

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