BMW slapped with discrimination suit by EEOC

[Cincinnatus]

According to a report from CNNMoney, BMW has been hit with a lawsuit from the US Equal Employment Opportunity Commission after revised criminal background check policies resulted in the dismissal of 88 contractors, 70 of whom (that's about 80 percent) were black. A total of 645 contractors were required to submit to background checks at BMW's facility in Spartanburg, South Carolina after BMW switched contract companies at its plant.

 Though the 88 persons who were not rehired by the new contractor all had criminal records, that may not necessarily be a legal way to screen applicants, as the EEOC counters: "BMW's policy has no time limit with regard to convictions. The policy is a blanket exclusion without any individualized assessment of the nature and gravity of the crimes, the ages of the convictions, or the nature of the claimants' respective positions."

 BMW's actions were in violation of the Civic Rights Act of 1964, according to the EEOC, because they utilized "a criminal conviction policy that disproportionately screened out African-Americans." A recent bulletin offering guidance from the EEOC on the Civil Rights Act can be found here, but the EEOC's stance on the issue has been the same for years: "Since issuing its first written policy guidance in the 1980s regarding the use of arrest and conviction records in employment decisions, the EEOC has advised employers that under certain circumstances, their use of that information to deny employment opportunities could be at odds with Title VII."

 BMW argues that background checks are legal, a fact that the EEOC concedes, and it "believes that it has complied with the letter and spirit of the law and will defend itself against the EEOC's allegations of race discrimination." The automaker adds, "The BMW plant in South Carolina employs thousands of people and providing a safe work environment is one of the Company's highest priorities."

BMW screens based on past criminal history; EEOC notes a very high percentage of those with such histories are black; therefore, Q.E.D., BMW's hiring policies are racist.

I'm from the government.

http://www.autoblog.com/2013/06/13/bmw-slapped-with-discrimination-suit-by-eeoc/

[mountaineer]

The gubmint would require you hire/contract with known criminals, as long as their skin tone meets approval. Got it.

M.L. King, Jr., officially has rolled over in his grave.

[Oceander]

Keeping in mind that BMW is entitled to screen vigorously for criminal backgrounds, I have to object to that practice as a general matter.  Unless it involves a very serious felony - like murder, robbery, rape, or the like - or was both (a) directly related to the subject-matter of the job involved and (b) was recent (e.g., within the past 5 years), then a past criminal conviction should not be used as the sole, or even the primary, reason for not hiring someone.  Instead of granting that someone has paid their debt to society and should be allowed to move on and reacquire their seat at the table, this sort of policy creates a permanent caste of untouchables, including people who, solely because they had the misfortune of being convicted of (or, more likely, pleading guilty to) a misdemeanor, will never be allowed to show they've learned their lesson and can be valuable contributors to society.

It may be legal, but it ain't right.

[briskirn]

I think BMW has the right to make that decision. I don't agree with the discrimination charges.

I do think it is very lame that these people were already hired/ working when they decided to make those changes.

[Rapunzel]

I think BMW has the right to make that decision. I don't agree with the discrimination charges.

I do think it is very lame that these people were already hired/ working when they decided to make those changes.

I don't like discrimination charges, either.