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Yahoo NewsIn 2008, Johnny Magee, who is developmentally disabled, was laid off from his landscaping job in Livermore, California, thanks to government budget cuts. He applied for a new position as a garden center attendant at a nearby Lowe's Home Improvement store. Despite his prior experience, Magee wasn't hired. Why? A background check had turned up a 1999 misdemeanor conviction, stemming from an incident in which he unknowingly picked up a package for his uncle that contained drugs. Later that year, Magee's conviction was dismissed—but that was too late for him to get the job at Lowe's.
Sixty-five million Americans—or one in four adults—have a criminal record. But employers—including major companies like Bank of America, Omni Hotel, and Domino's Pizza—routinely post job ads on Craigslist that explicitly exclude such applicants, according to a new report conducted by the National Employment Law Center (NELP), a labor-affiliated advocacy group.
The practice appears in some cases to be against the law, and at a time of record long-term joblessness, advocates for the poor say it places yet another obstacle in front of people like Magee, who are working to get their life back on track. In addition, there's widespread agreement that helping those with criminal records to find stable employment is crucial for preventing recidivism and preventing future crime. Indeed, that's the reason that the government runs programs designed to make it easier for ex-offenders to find work.
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Because discriminating against those with criminal records disproportionately hurts African Americans, the practice may violate the Civil Rights Act, which prohibits race-based hiring discrimination. Indeed, the Equal Employment Opportunity Commission (EEOC) has said that although considering an applicant's criminal record may be acceptable on a case-by-case basis, an "absolute bar to employment" for such people is illegal.
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http://news.yahoo.com/s/yblog_thelookout/20110323/ts_yblog_thelookout/help-wanted-sixty-five-million-need-not-apply
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