Employment Discrimination Against Persons With Criminal Records In The United States
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Employment Discrimination Against Persons With Criminal Records In The United States
Employment discrimination against persons with criminal records in the United States has been illegal since enactment of the Civil Rights Act of 1964. itation?Employers retain the right to lawfully consider an applicant's or employee's criminal conviction(s) for employment purposes e.g., hiring, retention, promotion, benefits, and delegated duties. This policy could potentially have a disproportionate impact on minorities who have, as a subpopulation, higher rates of criminal convictions and arrests. itation?The Equal Employment Opportunity Commission and other protections have been enforcing Title VII since it came into effect in 1965. It has periodically issued an enforcement guidance explaining how employers could use criminal records without violating the Civil Rights Act; in April 2012 it published an enforcement guidance requiring companies to establish procedures to show that they are not using criminal records to discriminate by race or national origin. (Provide relevant r ...
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Criminal Records In The United States
Criminal records in the United States contain records of arrests, criminal charges and the disposition of those charges. Criminal records are compiled and updated on local, state, and federal levels by government agencies, most often law enforcement agencies. Their primary purpose is to present a comprehensive criminal history for a specific individual. Criminal records may be used for many purposes, including for background checks for purposes of employment, security clearance, adoption, immigration to the United States, and licensing. Criminal records may be useful for identifying suspects within the course of a criminal investigation. They may be used for enhanced sentencing in criminal prosecutions. Background investigations Criminal history information is generally available to the public, and criminal history information for a specific state can typically be obtained from the state agency that maintains the record. States normally charge a fee for a copy of a person's cr ...
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Collateral Consequences Of Criminal Conviction
Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or probation. They are the further civil actions by the state that are triggered as a consequence of the conviction. In some jurisdictions, a judge, finding a defendant guilty of a crime, can order that no conviction be recorded, thereby relieving the person of the collateral consequences of a criminal conviction. Introduction If a defendant is found guilty of a crime or pleads guilty, the judge or other sentencing authority imposes a sentence. A sentence can take a number of forms, such as loss of privileges (e.g. driving), house arrest, community service, probation, fines and imprisonment. Collectively, these sentences are referred to as direct consequences – those intended by the judge, and frequently mandated at least in part by an appli ...
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Criminal Records
A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offences and may also include traffic offences such as speeding and drunk driving. In some countries the record is limited to actual convictions (where the individual has pled guilty or been found guilty by a qualified court, resulting in the entry of a conviction), while in others it also includes arrests, charges dismissed, charges pending and charges of which the individual has been acquitted. A criminal history may be used by potential employers, lenders, and others to assess a person's trustworthiness. Criminal records may also be relevant for international travel, and for the charging and sentencing of persons who commit additional ...
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Loss Of Rights Due To Felony Conviction
Loss of rights due to criminal conviction refers to the practice in some countries of reducing the rights of individuals who have been convicted of a criminal offence. The restrictions are in addition to other penalties such as incarceration or fines. In addition to restrictions imposed directly upon conviction, there can also be collateral civil consequences resulting from a criminal conviction, but which are not imposed directly by the courts as a result of the conviction. Canada In Canada, criminal law is a federal matter, set out in the Criminal Code. Restrictions can be placed on certain activities following a conviction involving: (1) the use of weapons in the commission of a criminal offence; (2) driving a vehicle while impaired by alcohol or drugs; (3) electoral corruption. Weapon prohibitions When a person is convicted of an offence in which the person used a weapon, or threatened to use a weapon, the sentencing court has the power to prohibit the person from posses ...
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Involuntary Unemployment
Involuntary unemployment occurs when a person is unemployed despite being willing to work at the prevailing wage. It is distinguished from voluntary unemployment, where a person refuses to work because their reservation wage is higher than the prevailing wage. In an economy with involuntary unemployment, there is a surplus of labor at the current real wage. This occurs when there is some force that prevents the real wage rate from decreasing to the real wage rate that would equilibrate supply and demand (such as a minimum wage above the market-clearing wage). Structural unemployment is also involuntary. Economists have several theories explaining the possibility of involuntary unemployment including implicit contract theory, disequilibrium theory, staggered wage setting, and efficiency wages. The officially measured unemployment rate is the ratio of involuntary unemployment to the sum of involuntary unemployment and employment (the denominator of this ratio being the total labor ...
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Letters Of Recommendation
A letter of recommendation or recommendation letter, also known as a letter of reference, reference letter or simply reference, is a document in which the writer assesses the qualities, characteristics, and capabilities of the person being recommended in terms of that individual's ability to perform a particular task or function. Letters of recommendation are typically related to employment (such a letter may also be called an employment reference or job reference), admission to institutions of higher education, or scholarship eligibility. They are usually written by someone who worked with or taught the person, such as a supervisor, a colleague or teacher. References may also be required of companies seeking to win contracts, particularly in the fields of engineering, consultancy, industry and construction, and with regard to public procurement and tenders. Reference letters for organizations are used to assess its ability to deliver the required level of service. Referee ...
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Texas Administrative Regulations
Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by both area (after Alaska) and population (after California). Texas shares borders with the states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexican states of Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest; and has a coastline with the Gulf of Mexico to the southeast. Houston is the most populous city in Texas and the fourth-largest in the U.S., while San Antonio is the second most populous in the state and seventh-largest in the U.S. Dallas–Fort Worth and Greater Houston are, respectively, the fourth- and fifth-largest metropolitan statistical areas in the country. Other major cities include Austin, the second most populous state capital in th ...
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California Law
The law of California consists of several levels, including Constitutional law, constitutional, Statutory law, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the California Code of Regulations. Sources of law The California Constitution, Constitution of California is the foremost source of state law. Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Codes. State agencies promulgate regulations with the California Regulatory Notice Register, which are in turn codified in the California Code of Regulations. California's legal system is based on common law, which is interpreted by case law through the legal opinion, decisions of the Supreme Court of California, California Courts of Appeal, and Appellate Divisions of the Superior Courts of California, and published in the ''California Reports'', ''California Appella ...
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Shoplifting
Shoplifting is the theft of goods from an open retail establishment, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. With clothing, shoplifters may put on items from the store and leave the store wearing the clothes. The terms ''shoplifting'' and ''shoplifter'' are not usually defined in law. The crime of shoplifting generally falls under the legal classification of larceny. Shoplifting is distinct from burglary (theft by breaking into a closed store), robbery (stealing by threatening or engaging in violent behavior), or armed robbery (stealing by using a weapon). In the retail industry, the word '' shrinkage'' (or ''shrink'') can be used to refer to merchandise lost by shoplifting, but the word also includes loss by other means, such as waste, uninsured damage to products and theft by store employees. Shoplifters range from amateurs acting on impulse, to career criminals who habitually engage ...
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Bribery
Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essentially, bribery is "Corrupt solicitation, acceptance, or transfer of value in exchange for official action." Gifts of money or other items of value which are otherwise available to everyone on an equivalent basis, and not for dishonest purposes, is not bribery. Offering a discount or a refund to all purchasers is a legal rebate (marketing), rebate and is not bribery. For example, it is legal for an employee of a Public Utilities Commission involved in electric rate regulation to accept a rebate on electric service that reduces their cost for electricity, when the rebate is available to other residential electric customers. However, giving a discount specifically to that employee to influence them to loo ...
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Moral Turpitude
Moral turpitude is a legal concept in the United States and prior to 1976, Canada, that refers to "an act or behavior that gravely violates the sentiment or accepted standard of the community". This term appears in U.S. immigration law beginning in the 19th century.A Crime Involving Moral Turpitude! What in the World is That?
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The concept of "moral turpitude" might escape precise definition, but it has been described as an "act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man." The classification of a crime or other conduct as constituting moral turpitude has significance in several area ...
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Suspect Class
In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination. These classes receive closer scrutiny by courts when an Equal Protection claim alleging unconstitutional discrimination is asserted against a law, regulation, or other government action, or sometimes private action. When a law or government action affects a group that falls under a "suspect classification," courts apply the strict scrutiny standard in reviewing the constitutional validity of a law or action. Criteria The United States Supreme Court has mentioned a variety of criteria that, in some combination, may qualify a group as a suspect class, but the Court has not declared that any particular set of criteria are either necessary or sufficient to qualify.Wintemute, Robert, Sexual Orientation and Human Rights' (1995) Some of the criteria that have been cited include: * The group has historically be ...
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