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Government intervention in the market
Government intervention in the market
Government intervention in the market
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In todays society, criminal background checks are a common practice among small to large businesses. Background checks are a crucial step within the hiring process for numerous company’s. They provide important and unique information on potential candidates to employers. For some, employers want an idea on who they are hiring and if they would be a reliable asset to the company. Businesses who deal in the retail, educational institutions and security firms must be extra cautious when hiring new personal. For some company’s, hiring a potential candidate with criminal history could cause public outrage or lawsuits in the future. In 2012 the Equal Employment Opportunity Commission (EEOC) issued guidelines on how past conviction records can …show more content…
With many cases already being filed by the EEOC will provide some sort of guidance on how a company can more thoroughly conduct background screenings on their candidates and current employees. A company should have the right to conduct background screenings on their employees and potential candidates anytime they desire. Having the government interfere on how an employer can hire an employee interferes with our capitalistic economy. Background screenings are sometimes even crucial to a companies bottom line when taking into consideration of certain costs like insurance. Some insurance company’s will not cover certain potential liabilities for an organization if they have an employee with a criminal history. For example, a trucking company’s insurance policy may state that they will not cover any accidental damages if they have an employee who has a past arrest for driving under the influence and is operating one of their fleet vehicles. A background check I believe is a necessity when hiring employees and even screening current employees at random. This provides a strong structure of internal controls for an organization, and helps reduce a possibility of law suits and loss of capital for an
In the area of Background Investigations the FBI manages checks on anyone who applies for positions with the Department of Energy, Nuclear Regulatory Commission, the Department of Justice, and the FBI its self. When conducting these investigations on applicants the FBI will interview past neighbors, and coworkers of those who apply. Also they will check their criminal records and credit history. Doing so ...
The recent, dramatic increase in the number of EEOC complaints charging employers with illegal discrimination has forced employers to realize that they are exposed to increasing amounts of liability -- including punitive damages -- for remarks and conduct of their managers and employees. This increased liability reinforces the importance of effectively handling and responding to a charge of discrimination filed with the EEOC. By properly handling the charge at its early stages, an employer can reduce significantly, or possibly eliminate, potential liability.
The “Ban the Box” is a law that took effect on January 1, 2014, and it inhibits companies from asking about a potential employee’s criminal history on the initial applications for employment (Deitchler, Fliegel, Fitzke, & Mora, 2013). The Equal Employment Opportunity Commission (EEOC) endorsed this Ban the Box in that its contemplation of criminal history of arrests or convictions in the Title Ⅶ of the Civil Rights Act of 1964 (Deitchler, Fliegel, Fitzke, & Mora, 2013). It is directly related to employer’s ability to hire those employees with a criminal past to be compliant with the fair employment requirements. Employers have a balancing act to perform because they should be aware of risks related to negligent hiring. In the case of litigation
ttps://newrepublic.com/article/118286/facts-about-gun-control-and-universal-background-checks "firearms are used in about 31,000 deaths per year." Thesis: The Judicial branch of government should make a law that requires any person who wants to purchase a firearm have a mandatory background check and be put through a class to learn how to keep their firearms from getting into the hands of the wrong people.
Capital One is a financial institution and handles confidential information for customers. Employees have access to this information and the company is liable for any misuse of customer information. Therefore a background check must be done for every employee. “In addition to ensuring job qualifications, conducting background checks can help employers protect themselves and the public from individuals who pose an unreasonable risk of harm and may shield employers from potential negligent hiring lawsuits.” (Dwoskin, 2013) The applicants’ information is run through the screening software. The software runs the applicants’ information through the Department of Correction database. It searches for any criminal history or charges and reports it back to the recruiter. If the background comes back clear then the applicant is hired. If the background comes back with some information that was not listed on the application, the legal team would need to research further.
As previously stated, many employees may not recognize they are profiling customers during certain situations until they reflect on their actions or steps they may have taken to assume a person may have been committing fraud against the company. For example, Crowder states that Zara, a clothing company, has "special codes" to track suspicious shoppers, in which black and Latino shoppers are victims of these codes more than white shoppers (8). Although every store has different security procedures, Zara employees felt the need to use these codes on minority shoppers, most likely because they didn’t meet the criteria Zara emplaced on how customers were to dress or appear. These high standards lead to enforced discrimination by employers. Personally, I work
...overlooked in the workplace. Title VII has changed the pre-employment process in that the interviewer must be careful in the questions that are posed to the interviewee. The interviewer should not ask questions that can be deemed discriminatory. A rule of thumb is to limit questions that have to do with a person’s private life. As an employer, it must be made clear that discrimination will not be tolerated in the workplace. Employers and employees need to become familiar with what constitutes discrimination. Employees need to be informed of the employer’s position as it relates to workplace discrimination. An employer should adopt policies that address this issue in the form of employee handbooks and/or in house training for all employee levels, including what steps will be taken for violations. If the employer and employee work together to prevent these forms of discretions, it can help curtail some of the litigiousness surrounding this issue.
Nixon, W. B., & Kerr, K. M. (2008). Background screening and investigations: Managing hiring risk from the HR and security perspectives. Amsterdam: Butterworth-Heinemann.
The rise of the information age has made it increasingly easy and cost effective to conduct criminal background checks on prospective employees. According to Adams (2011), this ease of access is due to the fact that investigators no longer have to sift through actual court records. But does this type of discrimination actually do any good for a company, and what is the greater cost to society when so many companies are engaging the same type of discrimination?
This is mainly due to “ the Equal Employment Opportunity Commission’s” strengthened policies implemented in April 2012, along with its Enforcement Guidance on Consideration of Arrest or Conviction Records in Employment Decisions. This means that if employers decide not to hire someone due to their criminal record, and moreover, a person is a minority, the business could potentially face a huge damaged, due to its violation of such a policy stated above.
Typically, the EEOC or related state agency will investigate charges of race discrimination or race-related retaliation. The EEOC has broad power to secure information and company records via subpoena, field investigations, audits, and interviewing witnesses, both employees and outsiders. Statistical data may be presented to demonstrate a pattern or practice of discriminatory conduct. As in other forms of discrimination, the contents of an individual's personnel file and the files of others in similar situations are often examined. Data on workplace composition may reveal a pattern or practice of exclusion or channeling.
Women and men who live in the communities where wrongful convictions occur are vulnerable to becoming victims of some of the most heinous crimes. And, in the
Padbury, M. (n.d.). The History of Criminal Profiling - by Maichael Padbury - Helium. Retrieved 2010 йил 10-July from Helium: Politics, News, & Issues: US Law & Justice: http://www.helium.com/items/208159-the-history-of-criminal-profiling
Criminal profiling, also known as offender profiling, is best understood as a series of investigative techniques used to determine the characteristics of an unknown criminal offender. As explained in the essay question what impact did the reliability of criminal profiling expert testimony have on United States v. Gordon E. Thomas III (2006) in the court system it is not considered reliable. The empirical-based approach reportedly relies upon the application of general psychological principles to empirically examine an offender’s behavior and statistically analyze a large number of cases and crime information all at one time (Turvey, 2012). Evidence found at the scene of a crime, a profiler relates this information to known behaviors and personality
Harassment and discrimination can affect a business in many ways. Having a history of harassment and discrimination claims can damage a business’ reputation and affect its bottom line. It can cost the business current and future clients as well as investors and employees. Depending on the gravity of the claim(s), the process of settling the claim(s) can take anywhere from months to years. Meanwhile, the cost of the settlement and other fees continue to add up. A business might have to compensate the affected parties besides paying court fees and lawyers. The EEOC has seen a rise in monetary rewards from 7.5 million to 24.3 million (Glazer, 1996) However, all of these can be avoided by properly educating employers and employees about their rights and what harassment and discrimination entails.