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Obama: Criminal Background Checks on Blacks is Racism

July 3, 2013


The argument that businesses are racist because they don’t want to hire criminals is, itself, racist. It presupposes that all criminals are minorities. The EEOC in this case actually failed to provide any proof for its claims that businesses discriminated on race. The businesses simply asked about criminal history. Last I checked, they have that right.

Will this apply to government jobs, military positions, employment in areas detailing national security?

The policy could mean that child care workers and teachers cannot be given background checks, leaving the possibility that rapists and child molesters would not be screened out of the jobs.

.So does this mean that the Obama administration is also against background checks for firearms since is disproportionately screens out criminals?

Emily Miller, Washington Times

Not wanting to employ a criminal makes you a racist. At least that is what  the Obama administration has determined to  be law with a regulation made without congressional approval. Businesses are  fighting the charge that not wanting ex-cons on the payroll is illegal  discrimination.

On June 11, the Equal Employment Opportunity Commission (EEOC) filed federal  lawsuits against BMW and Dollar  General store alleging that their use of criminal background checks violated  the Civil Rights Act of 1964, which prohibits discrimination on the basis of  race.

The agency claims that the companies disproportionately screened out black  Americans when they fired or did not hire those with criminal records.

Like almost all other employers, Dollar  General conditions its job offers on criminal background checks. The  standard screen looks for certain types of offenses — such as theft and fraud —  within a certain period. The EEOC claims this process “results in a disparate  impact against blacks,” even though the standard is the same for whites and  blacks.

The case filed in federal court in Illinois claims that the almost  11,000-store nationwide chain, which employs 95,000 Americans, unfairly rejected  two black applicants — one convicted of drug possession, the other who said the  felony charge on the record was a mistake.

A spokesman for Dollar General said the  company will fight the EEOC lawsuit and stands by its policies in order to  create a safe environment for its customers and employees.

In the case in U.S.  District Court of South Carolina against BMW, the  federal government said the claimants were employees of a contractor, but when  the contract ended, they went through a criminal check with the car company to  qualify for employment with the new logistics contractor and several failed.

Ken Sparks, a spokesman for the car  company, told me, “BMW believes that it has complied  with the letter and spirit of the law and will defend itself against the EEOC’s  allegations of race discrimination.”

The company employs thousands of people in its South  Carolina plant.

These lawsuits came out of a guidance issued by the EEOC in April 2012. It  ruled that employers should not use arrest records because they are unreliable.  For convictions, the Obama administration unilaterally determined that companies have to prove that the reason for not  hiring the ex-con was specifically “job related” and a “business necessity.”

So Dollar General will have to hire a  known thief to work in the stockroom, unless it somehow could prove that  stealing the merchandise would affect the publicly traded corporation’s bottom  line.

You may be wondering how Washington suddenly decided that it is racial  discrimination to not hire a criminal.

In the twisted thinking of the Labor Department, it is because blacks and  Hispanics have significantly higher rates of incarceration than whites. The  department’s directive cited a Pew Center survey that showed one out of 106  white men is in jail, compared with one out of 36 Hispanic men and one out of 15  black men.

In addition, while blacks make up 13 percent of the overall U.S. population,  they account for 28 percent of those arrested and almost 40 percent of all the  people in jail.

House Republicans have been watching closely the machinations at the EEOC.  Rep. Tim Walberg, chairman of the Education and Workforce subcommittee on  workforce protections, held an oversight hearing on how the new regulations  affect employers’ ability to protect their workers and customers.

The Michigan Republican said in an interview that the EEOC official failed to  provide any evidence that employers were discriminating based on race by asking  for criminal history.

“When we find out 70,000 discrimination claims by workers that are in the  backlog now, and yet they are choosing to investigate — without any evidence of  wrongdoing — this issue of racism as produced by background checks, I’ve got a  problem with that.”

The Obama administration’s feel-good  liberalism and political correctness override common sense and public safety.  The policy could mean that child care workers and teachers cannot be given  background checks, leaving the possibility that rapists and child molesters  would not be screened out of the jobs.

More broadly, it also may be racial discrimination to conduct FBI background  checks for felony records before selling firearms because that, too, would turn  up a higher percentage of minorities than whites.

The EEOC is notorious for abusing its power to force employers to settle even  the most ridiculous charge of discrimination. The agency shakes down  companies until they conclude it’s cheaper and easier to settle.

BMW and Dollar  General should be applauded for standing up for their right not to hire  criminals.

President Obama wants to create a nation of victims, dependent on the  government for food, health care, work and a job. When someone has committed a  crime, he must take responsibility for it, and if that means losing a job to  someone who has led a law-abiding life, so be it.

Read more: Follow us: @washtimes on Twitter

Feds file civil rights suits on companies using criminal background checks for hires | Fox News

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