Time for some serious 'SUNSET' laws...

Just in case y'all aren't familiar with the term 'Sunset Law' as it pertains to gob'mints: When a law, or a regulation, or a department or agency is established for a finite time, upon which time it must be re-evaluated and it's continuance justified, or it will be nullified, negated, or shut down - it is called, 'Sunsetting'. That's not the legal term but it'll do for this little entry.

Apparently the Equal Employment Opportunity Commission, has come to that juncture where Sunsetting the whole shooting match is due!!

In a recent notice, the EEOC has now placed arrested and convicted folks into one of their 'protected' minorities..

Pre-Employment Inquiries and Arrest & Conviction

There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records. However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way.

Since an arrest alone does not necessarily mean that an applicant has committed a crime the employer should not assume that the applicant committed the offense. Instead, the employer should allow him or her the opportunity to explain the circumstances of the arrest(s) and should make a reasonable effort to determine whether the explanation is reliable.

Even if the employer believes that the applicant did engage in the conduct for which he or she was arrested that information should prevent him or her from employment only to the extent that it is evident that the applicant cannot be trusted to perform the duties of the position when

• considering the nature of the job,
• the nature and seriousness of the offense,
• and the length of time since it occurred.

This is also true for a conviction.

Did you note that bottom line.........'THIS IS ALSO TRUE FOR A CONVICTION"

So Mr Employer, you are on notice that if you should consider arrests or even convictions of employee applicants ---- the EEOC will take the applicants case and come after you. Even if you win, you lose -- time, attorney fees, and expenses!!!

I reckon the EEOC has just run out of things to do, so they have widened their own playing field! Sure hope that Sun starts going down soon.. And I ain't even got to the EPA and their CO2 rulings yet!!!!!

Be afraid, Pilgrims, be very afraid!!!