[DannyBee]

This isn't even true in law.

In most states (and the feds), evidence of prior bad acts is not able to be used this way.

"(1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character."

[r00fus]

True in case law vs. advise for a private company to make hiring decisions?

Not at all the same thing. Actions have consequences, and we can't force companies to hire people they see as unsafe.

[lovich]

We can and have, in America at least. Companies used to think all black people were untrustworthy and women couldn't handle the responsibility of leadership. We didn't let them continue to discriminate like that

[r00fus]

Race is a protected class [1]. Evidence of criminal history is not.

[1] https://www.archives.gov/eeo/terminology.html

"Protected Class: The groups protected from the employment discrimination by law. These groups include men and women on the basis of sex; any group which shares a common race, religion, color, or national origin; people over 40; and people with physical or mental handicaps. Every U.S. citizen is a member of some protected class, and is entitled to the benefits of EEO law. However, the EEO laws were passed to correct a history of unfavorable treatment of women and minority group members."

[lovich]

The protected class didn't pop up out of nowhere. It wasn't a law of physics. We could easily change what is a protected class.

Additionally selected enforcement of laws has turned criminal convictions into a way to get rid of a statistically higher rate of minorities without saying that's why you are doing it. If I recall correctly that is the main reason that Massachusetts banned asking for criminal history on applications

[michaelmrose]

I don't think we should make criminal a protected class. This would fail the sniff test for any legislator that doesn't desire to lose his seat next go round.

[DannyBee]

As the poster above you said, "We can and have,"

Where do you think this protected class came from?

[michaelmrose]

Do you think its presently illegal to use criminal history to make a hiring decision?

[sgift]

> Not at all the same thing. Actions have consequences, and we can't force companies to hire people they see as unsafe.

That doesn't mean we have to provide them with the means to do it. No public information, no option to see someone unsafe because of that information.