Arrested - No Chance of a Job?

[greyskyracer]

I think Usairways has a rule that if you've been convicted of more then 3 DUI's you can only be upper management.

 

[Amish RakeFight]

A Squared,

Good job ferreting out this information. Glad we have a definitive answer for this thread in terms of whether one can legally be asked about past arrests and/or convictions.

 

[JimNtexas]

If these employers are asking about arrests then they are begging for fines and judgments.

Any pilot turned down by one of them who had an arrest without conviction could wind up owning the airline.

 

[A Squared]

If these employers are asking about arrests then they are begging for fines and judgments.

Any pilot turned down by one of them who had an arrest without conviction could wind up owning the airline.

Fascinating. truly fascinating. You've been shown beyond a shadow of a doubt that it is in fact not illegal to ask about arrests, and you have been shown official EEOC documents explaing the proper way to ask about arrests to avoid the appearence of unlawful discrimination, yet you still insist that it can't be done. I can see that it is truly pointless to discuss an issue with you, becaus apparently, you will never under any circumstances admit that you are just flat wrong.

 

[JimNtexas]

Fascinating. truly fascinating. You've been shown beyond a shadow of a doubt that it is in fact not illegal to ask about arrests, and you have been shown official EEOC documents explaing the proper way to ask about arrests to avoid the appearence of unlawful discrimination, yet you still insist that it can't be done. I can see that it is truly pointless to discuss an issue with you, becaus apparently, you will never under any circumstances admit that you are just flat wrong.

Then again is it possible that an airline management is doing something really stupid? Of course not, that's impossible.

I stand by my posts. Any airline asking about arrests without convictions is standing on the steps of the courthouse with a 'sue me' sandwich board.

 

[A Squared]

Then again is it possible that an airline management is doing something really stupid? Of course not, that's impossible.

I stand by my posts. Any airline asking about arrests without convictions is standing on the steps of the courthouse with a 'sue me' sandwich board.

Jim,

The question wasn't "might you get sued?" anyone can sue for anything at any time.

Let me refresh your memory.

The issue was: Is it illegal under federal law to ask about arrests.

Your position was: Yes it is illegal.

Asking about arrests that did not lead to convictions is simply not legal.

The facts are: It is not illegal under federal law. (see previously posted document from EEOC legal department)

The sad reality is: you completely lack the manhood to stand up and say "yeah, despite being arrogant and condescending about it, it turns out I was wrong"

Instead you try to deflect attention away from your embarrasment by attempting to shift the isue to something else.

 

[Amish RakeFight]

Perhaps it is legal as A Squared has cited, but I don't think it's a fair question one should ask of an applicant. Wording it with the term "conviction" is a more definitive way of assessing one's past history. Many people are arrested for the most trivial of things and released. More so in certain areas and to particular groups. Admission to a couple of arrests could negatively influence an objective hiring decision for an innocent person.

Truth be told, convictions are what matters. Whether by admission or by trial the individual was determined to be guilty. It is the guilt which should theoretically hold issue.

Although the company may be within their legal limits in questioning an application about prior arrests, many choose not to, only becasue it they realize that it would indeed tamper with an objective hiring process. Aside from that, it also leaves open the ability to see what will eventually turn up on a background check anyway.

 

[flynryan15]

Ok kinda on the subject what about the past employement part of the background check? Are they gonna call every single none aviation job I worked at in the food service industary or just the flying jobs? Alot of these places are out of business should I just supply them with w2 or tax returns?

 

[JimNtexas]

Jim,

The question wasn't "might you get sued?" anyone can sue for anything at any time.

Let me refresh your memory.

The issue was: Is it illegal under federal law to ask about arrests.

Your position was: Yes it is illegal.



The facts are: It is not illegal under federal law. (see previously posted document from EEOC legal department)

The sad reality is: you completely lack the manhood to stand up and say "yeah, despite being arrogant and condescending about it, it turns out I was wrong"

Instead you try to deflect attention away from your embarrasment by attempting to shift the isue to something else.

A-Squared. I checked with my attorney, I'm correct. If an airline is asking this question they are one complaint away from an EEIOC fine.

 

[A Squared]

A-Squared. I checked with my attorney, I'm correct. If an airline is asking this question they are one complaint away from an EEIOC fine.

Well when your attorney can come up with a compelling explanation of why the EEOC's attornys say in no uncertain terms that it is not illegal to ask about arrests, perhaps I'll consider that I may have been mistaken. Until then, it looks like you have an attorney who doesn't know what he's talking about.