Thornto Simpsons Case

Ban the Box: an international campaign to persuade companies to remove the check box that asks if applicants have criminal history from their job applications.

After the Civil War, also known as the reconstruction era, the slaves were freed. However, they were only free to a certain extent. African Americans still lacked many rights that were listed in the constitution. Trying to make a difference, a gentleman named Homer Plessy, challenged the Louisiana Law by sitting in the white section of the railroad. Little did Homer know, he would be creating a doctrine in reverse to what he had wanted. Homer took a risk in an attempt to fix the current historical, cultural, political, and social context during that time period. But, unfortunately, his plan did not work. Before and after the case, many people were being impacted through their communities and school system, affecting; families, students, and

1538). If a federal law were to be enacted it should follow the guidelines that Weissert (2016) advocates. Instead of allowing employers to ask about criminal history in the interview stage the employers should have to wait until a conditional offer of employment has been made (Weissert, 2016, p. 1552). The employer should consider the nature of the crime, the time elapsed since conviction, and the positon the applicant is applying for (Weissert, 2016, p. 1552). Discriminating on the basis of criminal history increased the rates of recidivism and has a greater impact on Afircan American and Hispanic males (Weissert, 2016, p. 1531). Ban the Box might not be the solution for the issue of discriminating on the basis of an applicant’s criminal history, but it is a step in the right

interview, however, the applicant must agree to a drug test on the same day and consent to future, random drug testing.

First, Title VII outlaws employers from treating applicants or employees differently because of their membership in a protected class unless the employer demonstrates that race, gender, or national origin is an authentic and genuine occupational qualification. Furthermore, disparate treatment plaintiffs rely on direct, relative, and specific evidence to meet their burden of persuasion. Second, in Griggs v. Duke Power, Likewise, the Supreme Court also recognized so-called disparate impact Title VII claims when it ruled that Title VII prohibits neutral employment practices that had a statistically disparate impact on members of protected classes such as race, gender, national origin, and etc. unless employers provided evidence that the selection instruments were justified as job-related and no secondary discriminatory alternative existed (Roberts, 2010). Disparate impact plaintiffs rely heavily on statistical evidence to provide prima facie evidence of disparate impact discrimination. Of particular importance is the fact that the Supreme Court has rejected the use of only one type of statistical evidence to meet the prima facie evidence requirement in disparate impact

The work force is also a part of life where race plays a big role in the favor of whites. Everything can determine the likeliness of getting a job, from the way your name sound down to your criminal record. A 2003 University of Chicago study done by Devah Pager showed that white people with a criminal record were 3% more likely to be call back than blacks without a criminal history (Pager, 2003, sec. 11).

The use logical reasoning behind the authors statements is known as logos. In this editorial the authors bring in examples of companies that ban employers from denying an applicant based on their arrest and conviction records. The authors also provide facts about the number of states and cities that prohibit asking about criminal backgrounds. They said “19 states” and “100 cities” currently ban the questioning (“A Criminal Record,” 2015). Without providing this information, readers of this article may think this it is just opinion and therefore not dependable source ultimately harming their credibility. Including logos in editorials improves the arguments that are being

Ever since the 1970’s, the number of mass incarcerations in the United States has increased by 700 percent. In many of these cases, African-Americans and other racial minority groups are seemingly more likely to become arrested and convicted compared to whites. Statistically speaking, one in eight African-American men in their twenties are currently in prison. As derived from the articles What Is Implicit Bias? and Mass Incarceration and People of Color, implicit biases have affected the reasoning for individuals in the criminal justice system. Police officers, judges, and jurors are prime examples of this. In addition, policies that blatantly target African-Americans and other racial minority groups are a result of implicit biases. Not only are public sector employees affected by implicit biases, everyone is affected by implicit biases. My results from taking the Implicit Association Test have supported this claim.

The article was titled "A black mother told police a white man assaulted her child." The officer arrested the black mother and her daughter instead of the person who abused the child. This is unfair because they two ladies did nothing bad but the officer did nothing about the actual problem which was the child getting abused. A 2016 study by a team of professors from U.C.L.A., Harvard, Portland State University, and Boston University analyzed suspects’ booking photographs for phenotypical signs of whiteness to test the following hypothesis: “the Whiter one appears, the more the suspect will be protected from police force.” Their findings: “police used less force with highly stereotypical Whites, and this protective effect was stronger than the effect for non-Whites.”This shows how officers use stereotypes to determine when they are suspect or

In the labour market blacks continually face discrimination when looking for a job. Even when black Americans have a degree they often find it even harder to receive a job offer [2]. To find a high paying white collar job blacks often adjust their resumes to appear “white”. [3] The challenge of finding a job increases dramatically when jail time has been served. One study found that blacks are much less likely to find a job if they have been convicted of a felony. [4] The sentencing reform that Senator Grassley has introduced fails to address this issue. Without a job ex-felons are more likely to become repeat offenders. This is because

(2017) Although some employers implement affirmative action practices, the unconscious bias and prejudice remains. This, along with the lack of oversight in the hiring process, leads to discrimination against African Americans. However, while this kind of discrimination is illegal, Alexander discusses a different kind of discrimination, one which is legal and affects millions of black men. When a criminal is released from prison, “he has scarcely more rights, and arguably less respect, than a freed slave or a black person living ‘free’ in Mississippi at the height of Jim Crow.” (Alexander 2012) The federal law that protects people from discrimination does not apply to ex-convicted felons. When filling out a form or application, we often come across the question asking about our criminal record. Though it is illegal to discriminate based on race, color, gender, religion, age, disability or national origin, it is not illegal to discriminate against criminals. Because of this, ex-convicts can be denied employment, housing, education, and public benefits. Given that many of these ex-convicts come from low-income

Researchers argue that criminal records affect people at different levels according to their race or ethnic group. According to Jacobs (2015), African Americans and Hispanics are disproportionately arrested and convicted. Jacobs (2015) also found that 78.1 percent of African Americans are convicted of a crime compared with 11.6-16.8 percent of whites. Hispanics also have a higher percentage of convicted crimes than the white population. (Kimani, 2016, p. 20). As a result of convictions, these groups of minority groups face more obstacles when they look for work. According to Heitzed (2013), when the effects of criminal record and race are combined the problem grows disproportionately. Another minority group affected by the criminal

Many Americans believe that the United States has entered a “post-racial” era, yet racial profiling remains a longstanding and deeply troubling national problem. If the U.S. is a place of freedom and equality, then why has “racial profiling been legitimized as public policy?” (Sudbury, 2014). Discrimination displayed on an every-day basis in the criminal justice field violates the Fourteenth Amendment, which ensures equal protection, as people of color are unfairly targeted. Discriminatory interactions between various races and law enforcement officers occurs daily,

Employers need to think before judging a qualified candidate for a position based solely on their past mistakes and felonies- but unfortunately many employers do. This also causes added negativity and stress not only on the ex-convict, but on the community as well. Negativity, not only affects the person it is directed at, but it affects people that the felon is around. This kind of treatment will develop the idea that anyone who makes a mistake will not be able to obtain employment. “The effect on the community also would become relevant, as we focus on the role that the person has played in the family, in the neighborhood, and at work” (Bill Ong Hing 2). Employers need to take into account that the applicant may have been rehabilitated and made up for their past mistakes both physically and emotionally. “By reinstating discretion to give such individuals a second chance, the positive benefits that such individuals bring to the community would be as salient” (Hing 2). As Hing states, it is imperative for the felon and his/her community if employers would genuinely give second chances and also the positivity created by this would illuminate the area. Numerous people believe that employers who discriminate against felons must not be supported. Andrus believes “Corporations who do not hire ex-felons based on their criminal records only,

There is, however, a concern that racial discrimination in the criminal justice system might impact the number of arrests and the severity of sentencing (Burton & Ginsberg,