The Obama administration is has decided that it should be a crime for businesses to perform background checks on potential employees and that it may sue any business that refuses to hire an ex-con. The reason? Well, it’s racist of course!
The Obama administration’s Equal Employment Opportunity Commission says it should be a federal crime to refuse to hire ex-convicts — and threatens to sue businesses that don’t employ criminals.
In April the EEOC unveiled its “Enforcement Guidance on the Consideration of Arrest and Conviction Records,” which declares that “criminal record exclusions have a disparate impact based on race and national origin.”
The impetus for this “guidance” is that black men are nearly seven times more likely than white men to serve time in prison, and therefore refusals to hire convicts disproportionally impact blacks, according to a Wall Street Journal opinion piece by James Bovard, a libertarian author and lecturer whose books include “Freedom in Chains: The Rise of the State and the Demise of the Citizen.”
Most businesses perform background checks on potential employees, but the EEOC frowns on these checks and “creates legal tripwires that could spark federal lawsuits,” Bovard observes.
An EEOC commissioner who opposed the new policy, Constance Baker, said in April that the new guidelines will scare businesses from conducting background checks.
Reason: If a check does disclose a criminal offense, the EEOC expects a firm to do an “individual assessment” that will have to prove that the company has a “business necessity” not to hire the ex-convict. If the firm does not do the intricate assessment, it could be found guilty of “race discrimination” if it hires a law-abiding applicant over one with convictions.
Bovard points out that the “biggest bombshell” in the new guidelines is that businesses complying with state or local laws requiring background checks can still be sued by the EEOC.
Keep in mind that it is in no way illegal for businesses to perform background checks on potential employees. In fact, as the article mentions, many businesses are required by state and local laws to conduct background checks.
This is yet another example of Obama not acting like a President but like a King, ruling with regulation and executive orders.