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	<title>Comments on: New York Complaint Says &#8216;The Garden&#8217; Discriminated In Background Check</title>
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		<title>By: Nicole J</title>
		<link>http://www.ere.net/2008/08/19/new-york-complaint-says-the-garden-discriminated-in-background-check/comment-page-1/#comment-6932</link>
		<dc:creator>Nicole J</dc:creator>
		<pubDate>Wed, 20 Aug 2008 18:02:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.ere.net/?p=3699#comment-6932</guid>
		<description>The issue isn&#039;t with the company, it&#039;s with the legal system.  Anyone with common sense can see that minorities are targeted and prosecuted more heavily than whites.  For that, yes the criminal background check appears to be unfair to minorities.  Especially considering things that are not CONVICTIONS are showing up.  An arrest/charge when you were 19 for a misunderstanding could prevent you from getting a menial position in your 30s and I personally take issue with that.

So now we&#039;re saying someone who makes a mistake or commits a misdemeanor of ANY sort should be prevented from gainful employement?  Doesn&#039;t that create a slippery slope that perpetuates crime?  I have yet to meet one person that hasn&#039;t knowingly or unknowingly committed one crime (and to the jokester that says &quot;I&#039;ve never done anything illegal&quot;...congrats!).  The difference between a young white male and a young black male committing the same crime is that the black male will be more likely to be arrested, charged and convicted.  It&#039;s the way our judicial system is and for those that deny it I&#039;m sure you&#039;re not nor have you ever had an open, honest conversation with an honest criminal lawyer. My uncle fights everyday for felons that can not get back into society after being rehabilitated (which is what the legal system is about..right?).  How are they to get a job and lead an honest life if no one will hire them.  This isn&#039;t just felons either.  

Information regarding this has just been published and I don&#039;t know why this seems so unbelieveable for people to understand.  The study from Princeton said that a white male with a felony conviction would be more likely to receive a job offer than a black male with no criminal history.  There are still racist people...just because you think you&#039;re not doesn&#039;t mean there aren&#039;t people running companies that are.

I&#039;m really happy for those that don&#039;t even understand how great their white privilege is.  I really hope there&#039;s never a time in your life where you&#039;re put into a situation where you&#039;re a minority and targeted just because the way you look.</description>
		<content:encoded><![CDATA[<p>The issue isn&#8217;t with the company, it&#8217;s with the legal system.  Anyone with common sense can see that minorities are targeted and prosecuted more heavily than whites.  For that, yes the criminal background check appears to be unfair to minorities.  Especially considering things that are not CONVICTIONS are showing up.  An arrest/charge when you were 19 for a misunderstanding could prevent you from getting a menial position in your 30s and I personally take issue with that.</p>
<p>So now we&#8217;re saying someone who makes a mistake or commits a misdemeanor of ANY sort should be prevented from gainful employement?  Doesn&#8217;t that create a slippery slope that perpetuates crime?  I have yet to meet one person that hasn&#8217;t knowingly or unknowingly committed one crime (and to the jokester that says &#8220;I&#8217;ve never done anything illegal&#8221;&#8230;congrats!).  The difference between a young white male and a young black male committing the same crime is that the black male will be more likely to be arrested, charged and convicted.  It&#8217;s the way our judicial system is and for those that deny it I&#8217;m sure you&#8217;re not nor have you ever had an open, honest conversation with an honest criminal lawyer. My uncle fights everyday for felons that can not get back into society after being rehabilitated (which is what the legal system is about..right?).  How are they to get a job and lead an honest life if no one will hire them.  This isn&#8217;t just felons either.  </p>
<p>Information regarding this has just been published and I don&#8217;t know why this seems so unbelieveable for people to understand.  The study from Princeton said that a white male with a felony conviction would be more likely to receive a job offer than a black male with no criminal history.  There are still racist people&#8230;just because you think you&#8217;re not doesn&#8217;t mean there aren&#8217;t people running companies that are.</p>
<p>I&#8217;m really happy for those that don&#8217;t even understand how great their white privilege is.  I really hope there&#8217;s never a time in your life where you&#8217;re put into a situation where you&#8217;re a minority and targeted just because the way you look.</p>
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		<title>By: Robert Dromgoole</title>
		<link>http://www.ere.net/2008/08/19/new-york-complaint-says-the-garden-discriminated-in-background-check/comment-page-1/#comment-6931</link>
		<dc:creator>Robert Dromgoole</dc:creator>
		<pubDate>Wed, 20 Aug 2008 17:48:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.ere.net/?p=3699#comment-6931</guid>
		<description>Crazy thing, if they hired this person, and something happened, the Garden could be sued for negligent hiring.

Rob</description>
		<content:encoded><![CDATA[<p>Crazy thing, if they hired this person, and something happened, the Garden could be sued for negligent hiring.</p>
<p>Rob</p>
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		<title>By: Henry Butler</title>
		<link>http://www.ere.net/2008/08/19/new-york-complaint-says-the-garden-discriminated-in-background-check/comment-page-1/#comment-6900</link>
		<dc:creator>Henry Butler</dc:creator>
		<pubDate>Tue, 19 Aug 2008 19:20:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.ere.net/?p=3699#comment-6900</guid>
		<description>Is this a joke?  I&#039;m sure Ms. Clarke knew MSG was going to do a criminal background check.  The question is, did they let her know that her employment with them would be null and void if there was something on her background that would create a conflict of interest with her job duties?  Chances are they did and because she&#039;s in a protected class she can still cry wolf.

My attempt to be objective: I think this &quot;Fair Criminal Record Reporting Act&quot; may have a little merit to it, but only to a certain extent.  Assault, DUI&#039;s, Bad checks, etc, are a few that standout to me.  Why should these &quot;perps&quot; get a clean slate after they decide to fight or drive drunk or intentionally try to buy something when they know they don&#039;t have the funds?  Can you or I really trust someone to work for our company who would do such a thing?  Yes, I do believe people deserve a second chance, but for every action there has to be a consequence.</description>
		<content:encoded><![CDATA[<p>Is this a joke?  I&#8217;m sure Ms. Clarke knew MSG was going to do a criminal background check.  The question is, did they let her know that her employment with them would be null and void if there was something on her background that would create a conflict of interest with her job duties?  Chances are they did and because she&#8217;s in a protected class she can still cry wolf.</p>
<p>My attempt to be objective: I think this &#8220;Fair Criminal Record Reporting Act&#8221; may have a little merit to it, but only to a certain extent.  Assault, DUI&#8217;s, Bad checks, etc, are a few that standout to me.  Why should these &#8220;perps&#8221; get a clean slate after they decide to fight or drive drunk or intentionally try to buy something when they know they don&#8217;t have the funds?  Can you or I really trust someone to work for our company who would do such a thing?  Yes, I do believe people deserve a second chance, but for every action there has to be a consequence.</p>
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		<title>By: Nick Fishman</title>
		<link>http://www.ere.net/2008/08/19/new-york-complaint-says-the-garden-discriminated-in-background-check/comment-page-1/#comment-6896</link>
		<dc:creator>Nick Fishman</dc:creator>
		<pubDate>Tue, 19 Aug 2008 16:23:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.ere.net/?p=3699#comment-6896</guid>
		<description>The plaintiff&#039;s attorneys assert that since African-Americans are prosecuted and convicted at a much higher rate than whites, using criminal convictions found on a background check is discriminatory.  As a blanket statement, this is a ridiculous.  (To be fair, the attorneys are really saying that the practice of employment screening creates a disparate impact on minorities)  However, the Fair Credit Reporting Act permits employers to conduct background checks to determine suitability for employment.  If a person has been convicted of a crime that would call into question their ability to perform the job they are being hired for or if they represent a significant liability to the employer and, or their employees and customers, the employer has every right to deny employment.

I would assume that the following will be important in determining the outcome:

    * Does Madison Square Garden conduct background checks on all prospective employees in the same position that the applicant applied for?
    * Has Madison Square Garden made similar hiring decisions when background checks have revealed similar convictions (including time, scope, repeat offenses, etc.)?
    * Have they ever hired other candidates with a similar record?
    * Did the applicant grant consent to the background check and was she notified that her employment was predicated on the successful outcome of the check?
    * Did the applicant dispute the findings? (It seems she did not.)</description>
		<content:encoded><![CDATA[<p>The plaintiff&#8217;s attorneys assert that since African-Americans are prosecuted and convicted at a much higher rate than whites, using criminal convictions found on a background check is discriminatory.  As a blanket statement, this is a ridiculous.  (To be fair, the attorneys are really saying that the practice of employment screening creates a disparate impact on minorities)  However, the Fair Credit Reporting Act permits employers to conduct background checks to determine suitability for employment.  If a person has been convicted of a crime that would call into question their ability to perform the job they are being hired for or if they represent a significant liability to the employer and, or their employees and customers, the employer has every right to deny employment.</p>
<p>I would assume that the following will be important in determining the outcome:</p>
<p>    * Does Madison Square Garden conduct background checks on all prospective employees in the same position that the applicant applied for?<br />
    * Has Madison Square Garden made similar hiring decisions when background checks have revealed similar convictions (including time, scope, repeat offenses, etc.)?<br />
    * Have they ever hired other candidates with a similar record?<br />
    * Did the applicant grant consent to the background check and was she notified that her employment was predicated on the successful outcome of the check?<br />
    * Did the applicant dispute the findings? (It seems she did not.)</p>
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		<title>By: Frank Risalvato</title>
		<link>http://www.ere.net/2008/08/19/new-york-complaint-says-the-garden-discriminated-in-background-check/comment-page-1/#comment-6893</link>
		<dc:creator>Frank Risalvato</dc:creator>
		<pubDate>Tue, 19 Aug 2008 15:57:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.ere.net/?p=3699#comment-6893</guid>
		<description>THIS is the nuttiest thing ever. So now an employer is responsible if you happen to be black and have a criminal past?? MAYBE ... just MAYBE ... you should thought more carefully before assaulting someone. 

If criminal records impact those that are black this is now my fault? Ridiculous. Then again this was great advertising for clearyourrecord.com</description>
		<content:encoded><![CDATA[<p>THIS is the nuttiest thing ever. So now an employer is responsible if you happen to be black and have a criminal past?? MAYBE &#8230; just MAYBE &#8230; you should thought more carefully before assaulting someone. </p>
<p>If criminal records impact those that are black this is now my fault? Ridiculous. Then again this was great advertising for clearyourrecord.com</p>
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		<title>By: Steve Levy</title>
		<link>http://www.ere.net/2008/08/19/new-york-complaint-says-the-garden-discriminated-in-background-check/comment-page-1/#comment-6892</link>
		<dc:creator>Steve Levy</dc:creator>
		<pubDate>Tue, 19 Aug 2008 15:42:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.ere.net/?p=3699#comment-6892</guid>
		<description>Unfortunately, this article relies solely on the position of the law firm representing Ms. Clarke. We have no way of knowing whether the application identifies that a background check will be forthcoming or if the application has a place where candidates can list their criminal history. Did Ms. Clarke omit her case? Does the position in question depend upon &quot;honesty&quot; factors?

In the face of a paucity of facts (you don&#039;t expect the EEOC to change its &quot;guilty until proven innocent&quot; approach especially given the history of MSG?), this article has put the cart way before the horse.

In Clarke&#039;s attorney spouting that, &quot;the fact is, about one in five U.S. adults has a criminal record, and a disproportionate number of them are African-Americans and Hispanics&quot;, he has begun to create pseudo-data that may have no bearing in the case of MSG but its mere mention is intended to sway locals who may ultimately sit on a civil jury. Another sad day for New York politics!

But a Fair Criminal Reporting Act??? Talk about putting a colorful coat of paint on a termite infested house!

How about better education programs for early in life so people don&#039;t have to resort to crime?</description>
		<content:encoded><![CDATA[<p>Unfortunately, this article relies solely on the position of the law firm representing Ms. Clarke. We have no way of knowing whether the application identifies that a background check will be forthcoming or if the application has a place where candidates can list their criminal history. Did Ms. Clarke omit her case? Does the position in question depend upon &#8220;honesty&#8221; factors?</p>
<p>In the face of a paucity of facts (you don&#8217;t expect the EEOC to change its &#8220;guilty until proven innocent&#8221; approach especially given the history of MSG?), this article has put the cart way before the horse.</p>
<p>In Clarke&#8217;s attorney spouting that, &#8220;the fact is, about one in five U.S. adults has a criminal record, and a disproportionate number of them are African-Americans and Hispanics&#8221;, he has begun to create pseudo-data that may have no bearing in the case of MSG but its mere mention is intended to sway locals who may ultimately sit on a civil jury. Another sad day for New York politics!</p>
<p>But a Fair Criminal Reporting Act??? Talk about putting a colorful coat of paint on a termite infested house!</p>
<p>How about better education programs for early in life so people don&#8217;t have to resort to crime?</p>
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		<title>By: Madison Square Garden Sued over Employment Background Check</title>
		<link>http://www.ere.net/2008/08/19/new-york-complaint-says-the-garden-discriminated-in-background-check/comment-page-1/#comment-6891</link>
		<dc:creator>Madison Square Garden Sued over Employment Background Check</dc:creator>
		<pubDate>Tue, 19 Aug 2008 15:36:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.ere.net/?p=3699#comment-6891</guid>
		<description>[...] See article &#8220;New York Complaint Says &#8216;The Garden&#8217; Discriminated in Background Check&#8221; [...]</description>
		<content:encoded><![CDATA[<p>[...] See article &#8220;New York Complaint Says &#8216;The Garden&#8217; Discriminated in Background Check&#8221; [...]</p>
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		<title>By: Joshua Letourneau</title>
		<link>http://www.ere.net/2008/08/19/new-york-complaint-says-the-garden-discriminated-in-background-check/comment-page-1/#comment-6889</link>
		<dc:creator>Joshua Letourneau</dc:creator>
		<pubDate>Tue, 19 Aug 2008 14:49:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.ere.net/?p=3699#comment-6889</guid>
		<description>Disparate Impact is a bad thing . . . but to say that an organization is disparately impacting a protected class by running criminal background checks is absolutely ridiculous.

I don&#039;t believe that the essence of disparate impact was meant more against organizations that had improper qualifications requirements, such as necessary test scores or the ever-infamous, &quot;College Degree Required.&quot;  Other examples would be height/weight requirements, and subjective procedures such as interviews.</description>
		<content:encoded><![CDATA[<p>Disparate Impact is a bad thing . . . but to say that an organization is disparately impacting a protected class by running criminal background checks is absolutely ridiculous.</p>
<p>I don&#8217;t believe that the essence of disparate impact was meant more against organizations that had improper qualifications requirements, such as necessary test scores or the ever-infamous, &#8220;College Degree Required.&#8221;  Other examples would be height/weight requirements, and subjective procedures such as interviews.</p>
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