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	<title>
	Comments on: NYC: &#8220;&#8216;Ban the Box&#8217; bill worries businesses&#8221;	</title>
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	<link>https://www.overlawyered.com/2014/08/nyc-ban-box-bill-worries-businesses/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Mon, 25 Aug 2014 19:33:36 +0000</lastBuildDate>
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	<item>
		<title>
		By: DensityDuck		</title>
		<link>https://www.overlawyered.com/2014/08/nyc-ban-box-bill-worries-businesses/comment-page-1/#comment-301383</link>

		<dc:creator><![CDATA[DensityDuck]]></dc:creator>
		<pubDate>Mon, 25 Aug 2014 19:33:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=47813#comment-301383</guid>

					<description><![CDATA[I dunno.  Someone who had a joint in their car when a cop searched it five years ago is an ex-con.  Someone who blew a .19 at a DUI checkpoint is an ex-con.  Someone who groped a sophomore when they were a senior is an ex-con.  Someone who answered an SEC auditor&#039;s question in a way that wasn&#039;t letter-perfect is an ex-con.

There are all kinds of ways that someone in America can become an ex-con.  Not all of them are the result of armed robbery with ag assault.]]></description>
			<content:encoded><![CDATA[<p>I dunno.  Someone who had a joint in their car when a cop searched it five years ago is an ex-con.  Someone who blew a .19 at a DUI checkpoint is an ex-con.  Someone who groped a sophomore when they were a senior is an ex-con.  Someone who answered an SEC auditor&#8217;s question in a way that wasn&#8217;t letter-perfect is an ex-con.</p>
<p>There are all kinds of ways that someone in America can become an ex-con.  Not all of them are the result of armed robbery with ag assault.</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2014/08/nyc-ban-box-bill-worries-businesses/comment-page-1/#comment-301296</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Mon, 25 Aug 2014 01:47:47 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=47813#comment-301296</guid>

					<description><![CDATA[@ras--
If enough customers willing to pay high prices are to be found in NYC, then dumb laws like this (and related insurance premiums) are a tolerable cost of doing business.]]></description>
			<content:encoded><![CDATA[<p>@ras&#8211;<br />
If enough customers willing to pay high prices are to be found in NYC, then dumb laws like this (and related insurance premiums) are a tolerable cost of doing business.</p>
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		<item>
		<title>
		By: Robert		</title>
		<link>https://www.overlawyered.com/2014/08/nyc-ban-box-bill-worries-businesses/comment-page-1/#comment-301295</link>

		<dc:creator><![CDATA[Robert]]></dc:creator>
		<pubDate>Mon, 25 Aug 2014 00:46:22 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=47813#comment-301295</guid>

					<description><![CDATA[So this means that applicants who are in demographic groups more likely to have be incarcerated, or people with gaps on their resume that can&#039;t be verified (&quot;I took a year off to travel/write a novel, etc&quot;) will have even less of a chance to be hired because it&#039;s too burdensome to do a criminal background check.]]></description>
			<content:encoded><![CDATA[<p>So this means that applicants who are in demographic groups more likely to have be incarcerated, or people with gaps on their resume that can&#8217;t be verified (&#8220;I took a year off to travel/write a novel, etc&#8221;) will have even less of a chance to be hired because it&#8217;s too burdensome to do a criminal background check.</p>
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		<title>
		By: Boblipton		</title>
		<link>https://www.overlawyered.com/2014/08/nyc-ban-box-bill-worries-businesses/comment-page-1/#comment-301286</link>

		<dc:creator><![CDATA[Boblipton]]></dc:creator>
		<pubDate>Sun, 24 Aug 2014 20:26:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=47813#comment-301286</guid>

					<description><![CDATA[What could the legislature&#039;s actions on behalf of ex-convicts be based on?  Could it be a favor to the people who vote for them? A desire to make sure the legislators can find jobs after they retire from office?  Perhaps they have carefully analyzed the situation and realized that if crooks can&#039;t find jobs in private industry, they&#039;ll go into politics and put the current crop of Albany pols out of work.

Bob]]></description>
			<content:encoded><![CDATA[<p>What could the legislature&#8217;s actions on behalf of ex-convicts be based on?  Could it be a favor to the people who vote for them? A desire to make sure the legislators can find jobs after they retire from office?  Perhaps they have carefully analyzed the situation and realized that if crooks can&#8217;t find jobs in private industry, they&#8217;ll go into politics and put the current crop of Albany pols out of work.</p>
<p>Bob</p>
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		<item>
		<title>
		By: ras		</title>
		<link>https://www.overlawyered.com/2014/08/nyc-ban-box-bill-worries-businesses/comment-page-1/#comment-301281</link>

		<dc:creator><![CDATA[ras]]></dc:creator>
		<pubDate>Sun, 24 Aug 2014 18:47:55 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=47813#comment-301281</guid>

					<description><![CDATA[Why or why would any biz - even the big ones promised subsidies to move to NYC - consider locating in that city if they have a choice? Madness.]]></description>
			<content:encoded><![CDATA[<p>Why or why would any biz &#8211; even the big ones promised subsidies to move to NYC &#8211; consider locating in that city if they have a choice? Madness.</p>
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		<title>
		By: Stephen Macklin		</title>
		<link>https://www.overlawyered.com/2014/08/nyc-ban-box-bill-worries-businesses/comment-page-1/#comment-301280</link>

		<dc:creator><![CDATA[Stephen Macklin]]></dc:creator>
		<pubDate>Sun, 24 Aug 2014 18:35:31 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=47813#comment-301280</guid>

					<description><![CDATA[I guess that answers the question &quot;would I ever want to open a business in NYC?&quot;]]></description>
			<content:encoded><![CDATA[<p>I guess that answers the question &#8220;would I ever want to open a business in NYC?&#8221;</p>
]]></content:encoded>
		
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		<item>
		<title>
		By: bob		</title>
		<link>https://www.overlawyered.com/2014/08/nyc-ban-box-bill-worries-businesses/comment-page-1/#comment-301277</link>

		<dc:creator><![CDATA[bob]]></dc:creator>
		<pubDate>Sun, 24 Aug 2014 18:06:43 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=47813#comment-301277</guid>

					<description><![CDATA[C - under the FCRA the employer already has to notify the applicant if a criminal record is the reason for rejection.  These &quot;ban the  box&quot; ordinances simply make it more expensive to reject an applicant/conditional employee and help the P&#039;s bar bring failure to hire suits.  There will always be a question of fact regarding how the conviction is related to the job.  So, it&#039;s a nice transfer of income to convicts without the state having to lift a finger.  Cracks me up - government can do whatever it wants regarding applicants, but not private employers.  And of course, if the employer hires someone with a record and that individual injures someone, the employer is STILL going to be held liable.  And people wonder why employers don&#039;t want to hire - typical.]]></description>
			<content:encoded><![CDATA[<p>C &#8211; under the FCRA the employer already has to notify the applicant if a criminal record is the reason for rejection.  These &#8220;ban the  box&#8221; ordinances simply make it more expensive to reject an applicant/conditional employee and help the P&#8217;s bar bring failure to hire suits.  There will always be a question of fact regarding how the conviction is related to the job.  So, it&#8217;s a nice transfer of income to convicts without the state having to lift a finger.  Cracks me up &#8211; government can do whatever it wants regarding applicants, but not private employers.  And of course, if the employer hires someone with a record and that individual injures someone, the employer is STILL going to be held liable.  And people wonder why employers don&#8217;t want to hire &#8211; typical.</p>
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		<item>
		<title>
		By: C		</title>
		<link>https://www.overlawyered.com/2014/08/nyc-ban-box-bill-worries-businesses/comment-page-1/#comment-301276</link>

		<dc:creator><![CDATA[C]]></dc:creator>
		<pubDate>Sun, 24 Aug 2014 15:18:01 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=47813#comment-301276</guid>

					<description><![CDATA[&lt;blockquote&gt;The bill prohibits inquiry about criminal record until after a provisional job offer is made, at which point a reluctant employer must withdraw the offer, painting a large “Sue Me” target on its chest. &lt;/blockquote&gt;

Don&#039;t get me wrong, I&#039;m not in favor of the bill.  I think employers should be able to reject an applicant for almost any reason except stuff like race.  Criminal record is relevant.

But you&#039;re making it sound like you&#039;d prefer it if the employer could just get away with breaking the law by hiding their true reasons, and I can&#039;t go along with that.]]></description>
			<content:encoded><![CDATA[<blockquote><p>The bill prohibits inquiry about criminal record until after a provisional job offer is made, at which point a reluctant employer must withdraw the offer, painting a large “Sue Me” target on its chest. </p></blockquote>
<p>Don&#8217;t get me wrong, I&#8217;m not in favor of the bill.  I think employers should be able to reject an applicant for almost any reason except stuff like race.  Criminal record is relevant.</p>
<p>But you&#8217;re making it sound like you&#8217;d prefer it if the employer could just get away with breaking the law by hiding their true reasons, and I can&#8217;t go along with that.</p>
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