Belkin validating identity problem
For example, there is Title VII disparate treatment liability where the evidence shows that a covered employer rejected an African American applicant based on his criminal record but hired a similarly situated White applicant with a comparable criminal record. John, who is White, and Robert, who is African American, are both recent graduates of State University.
They have similar educational backgrounds, skills, and work experience.
African Americans and Hispanics also are incarcerated at rates disproportionate to their numbers in the general population. S.) is expected to go to prison at some point during his lifetime, assuming that current incarceration rates remain unchanged.
National data, such as that cited above, supports a finding that criminal record exclusions have a disparate impact based on race and national origin.
Example 2: Disparate Treatment Based on National Origin.They each pled guilty to charges of possessing and distributing marijuana as high school students, and neither of them had any subsequent contact with the criminal justice system.After college, they both apply for employment with Office Jobs, Inc., which, after short intake interviews, obtains their consent to conduct a background check.In light of the evidence showing that Nelson's and Tad's educational backgrounds are similar, that Nelson's work experience is more extensive, and that Tad's criminal conduct is more indicative of untrustworthiness, MPII has failed to state a legitimate, nondiscriminatory reason for rejecting Nelson. practices that are fair in form, but discriminatory in operation. If an employment practice which operates to exclude [African Americans] cannot be shown to be related to job performance, the practice is prohibited." An unlawful employment practice based on disparate impact is established . More specifically, such information also includes which offenses or classes of offenses were reported to the employer (e.g., all felonies, all drug offenses); whether convictions (including sealed and/or expunged convictions), arrests, charges, or other criminal incidents were reported; how far back in time the reports reached (e.g., the last five, ten, or twenty years); and the jobs for which the criminal background screening was conducted.If Nelson filed a Title VII charge alleging disparate treatment based on national origin and the EEOC's investigation confirmed these facts, the EEOC would find reasonable cause to believe that discrimination occurred. Training or guidance documents used by the employer also are relevant, because they may specify which types of criminal history information to gather for particular jobs, how to gather the data, and how to evaluate the information after it is obtained.