Posts Tagged ‘felony’
The following New York Times editorial concerns the class action lawsuit that we reported on last week. For many months now, MyTwoCensus.com has criticized 2010 Census hiring practices. Here’s the editorial:
The Census Bureau is hiring a million or more people to assist with the 2010 count. It is temporary work, but it pays well. With national unemployment at nearly 10 percent, it looks like an excellent opportunity. That is unless you are one of the nearly 50 million Americans with any arrest or conviction on record.
A new class-action lawsuit has been filed on behalf of applicants who say they were unfairly turned down for census jobs based on an opaque screening policy that relies on F.B.I. checks for any criminal histories. Those checks are notoriously unreliable. A 2006 federal report found that half of them were inaccurate or out of date.
The Census Bureau is vague about what makes someone ineligible. In Congressional testimony, it suggested that it is excluding people who have been convicted of crimes involving violence and dishonesty. The bureau’s Web site seems to say that applicants whose background checks turn up any arrest — no matter how trivial, distant in time, irrelevant to the job — receive a letter advising them that they can remain eligible only if they produce “official court documentation” bearing on the case within 30 days. Incredibly, the letter does not identify the alleged criminal activity. Applicants must prove eligibility, even if they don’t know why they were flagged.
Official court records are often unobtainable for the millions of people whose convictions have been sealed or expunged or for people who have been arrested and released because of lack of evidence or mistaken arrest. This problem falls heaviest on black and Hispanic communities where stop-and-frisk policies and indiscriminate arrests are common.
The hiring problem is not limited to the Census Bureau. After 9/11, Congress required port workers to undergo F.B.I. background checks to keep their jobs. Last year, a study by the National Employment Law Project, an advocacy group for workers, found that the government had mistakenly denied credentials to tens of thousands of those workers.
States and cities are wisely revising employment policies. The federal government needs to develop a fair and transparent screening system for job applicants and a more effective appeals process. Congress must also require the F.B.I. to verify the criminal records — and find missing data before issuing background checks.
H/t to former MyTwoCensus editor Emily Babay for informing me of the following lawsuit filed against the Census Bureau for its hiring practices. The Philadelphia Inquirer brings us the following:
Phila. woman at center of census lawsuit
By Jane M. Von Bergen
Paying $17.75 an hour, U.S. Census jobs, though temporary, are attractive in an economy where unemployment is stuck at 9.7 percent. But the Census Bureau’s screening policies, designed to safeguard the public, end up discriminating against minorities, according to a federal lawsuit filed Tuesday.
That’s because the bureau has set up an “arbitrary barrier to employment” for any person with an arrest record, “no matter how trivial or disconnected from the requirements of the job,” the lawsuit, filed in Manhattan, says. U.S. Commerce Secretary Gary Locke is named as the defendant.
The national suit, filed by Outten & Golden L.L.P. in New York and a coalition of public-interest organizations, seeks class-action status on behalf of those turned down for a job if they were arrested and not convicted, or convicted for an offense irrelevant to the job.
“The U.S. Census Bureau’s top priority is the safety of both our workforce and the American public,” Commerce Department spokesman Nicholas Kimball responded. “Americans must be confident that, if . . . a census taker must come to their door to count them, we’ve taken steps to ensure their safety.”
Kimball declined to comment on the suit.
One of the two lead plaintiffs, Evelyn Houser, 69, of North Philadelphia, thinks she is qualified to fill one of the 1.2 million census positions. That’s because Houser worked for the census before, in 1990.
“What’s the difference between then and now?” she asked in an interview Tuesday. “It’s like a slap in the face.”
The difference, said her lawyer, Sharon Dietrich with Community Legal Services in Philadelphia, is the government’s cumbersome screening process.
Computers kick back any application with an arrest record, requiring more documentation, but the Census Bureau doesn’t make it clear what documentation is required, Dietrich said.
The discrimination occurs because the arrest and conviction rates of African Americans, Latinos and Native Americans exceed those of whites, the suit says. Compounding the problem, it says, is that one in three arrests do not lead to prosecution or conviction, yet the bureau’s system does not readily distinguish between arrests and convictions.
“The processes are screening out any kind of criminal case, no matter what,” Dietrich said.
“If you were arrested years ago for a minor offense, you are asked to comply with the same burdensome process as if you had been released from jail last week after committing a murder,” she said,
Plaintiffs’ attorney Samuel Miller, of Outten & Golden, estimates that as many as one million applicants may have been caught up in the process, with tens of thousands unfairly deterred or excluded from employment.
In 1981, Houser was a 39-year-old mother raising four children on welfare and food stamps. Her monthly check was several days away, but she was out of food when, going outside to take out the trash, she found a check next to the Dumpster.
“I went home and told my kids, ‘God sent me a piece of paper that says we’re going to eat tonight.’ ”
Houser shouldn’t have done it, but she tried to cash the check. She was arrested. Instead of being convicted, she was placed in alternative rehabilitation program. Her record remains clean, Dietrich said.
In 1990, Houser got a job with the census. Last year, she decided to apply again and passed a qualifying test.
A month or so later, the Census Bureau sent her a letter, asking her for documentation. The way she read it, her fingerprints would suffice, so she had them taken and sent them in the next day.
The bureau rejected her because, it said, she hadn’t sent the right documentation. Dietrich called the bureau’s communications confusing.
Since then, Houser has been involved in a long appeals process, which culminated in the filing of the suit.
Houser, who lives in subsidized housing, estimated that 25 percent of her working-age neighbors are unemployed. They are “just existing,” she said. “It’s just survival.”
She’s helping her neighbors find a path to employment, Houser said. “I’m a little gray-haired old lady and I’m trying to lead them in a better way.”
MyTwoCensus Investigation Into Why Alaska Felon/Murderer Worked For Census Bureau In Supervisory RoleFriday, December 4th, 2009
Last week, we discovered that Thom Gruenig was a convicted felon in Alaska turned Census Bureau Supervisor turned murderer, so logically we wanted to know why in the world the Census Bureau hired him…After five days of waiting for an official response from DC headquarters, we finally got one…
Here is the official statement from the Census Bureau followed by the official answers to questions posed by MyTwoCensus.com:
“We are saddened to learn of this tragic event. Following established
procedures, Mr. Gruenig’s name and fingerprints were submitted to the FBI
for a background check and he was not in their criminal database.”
QUESTIONS & ANSWERS
Q: What can you tell us about Thom Gruenig and his employment by the
A: Like all 2010 Census employees, after passing an FBI background check
based on his name, social security number and birth date, Mr. Gruenig
submitted two sets of fingerprints that were matched against the
FBI’s criminal database. No criminal record was found. Mr. Gruenig
was then hired in March 2009 as a field operations supervisor for the
Census Bureau in Fairbanks, Alaska. He worked with remote Alaska
Native villages in preparation for the 2010 Census.
Q: Did the Census Bureau know about Mr. Gruenig’s prior criminal record?
A: No. As with all census applicants being considered for employment,
Mr. Gruenig’s name, social security number, birth date and
fingerprints were submitted for an FBI criminal background check. He
was not in their criminal database.
Q: Do you still have confidence in the background check system?
A: Yes. The FBI’s National Name Check Program is considered the
preeminent investigative determination for pre-employment vetting and
background investigation. More than 70 federal and state agencies
have confidence in the FBI’s service. The program utilizes criminal
data submitted by state and local law enforcement agencies. Based
upon Census Bureau results gathered over the last ten years, FBI name
checks failed to identify less than half of 1% of criminal records.
Q: What criminal activities would disqualify an applicant for Census
A: A conviction for the offenses below will likely disqualify an
applicant for employment. However, this list is not all-inclusive;
there may be additional types of offenses for which a conviction
depending on the date, severity, and nature of the offense, may
render an individual unsuitable for hire.
· manufacturing/sale of any controlled substance
· breaking & entering
· armed robbery
· grand theft
· violent crimes against person or property (includes assault,
battery, kidnapping, manslaughter, vehicular manslaughter, murder,
· crimes against children
· sexual offense (includes sexual harassment, sexual misconduct,
sexual assault, rape, statutory rape)
· weapons charge (includes carrying concealed weapon, possession of
illegal weapon, sale of firearms)
· voter fraud/voter registration crimes
· identity theft
Q: Approximately how many people will likely undergo background checks?
A: For total 2010 operations, name checks will be requested for
approximately 3.8 million applicants. Ultimately, about 1.36 million
applicants who successfully pass the FBI name check will be hired and
will undergo an FBI fingerprint check.
After MyTwoCensus investigators were tipped off about the lax hiring procedures at the nation’s three data capture centers, we decided to call some of the people involved in the hiring process to verify that it was still okay to be hired to work at one of these centers (that process significant amounts of private/sensitive information) if one had misdemeanor convictions, drug problems, and was awaiting the outcome of a felony charge…The answer: Despite these issues, you’re good to be hired!
On the following call from Baltimore, we intentionally blocked out our operative’s voice to shield his identity. On the line you will here Tiera Dorsey, an employee of Baltimore Mayor Sheila Dixon’s office who is responsible for helping people to find jobs. Let’s go to the audio recording:
Tiera Dorsey: Miss Dorsey.
TD: Okay, who am I speaking with, sir?
TD: Okay, are you talking about working at the Census or working at the Baltimore Data Capture Center?
TD: Okay, you need to go to their web site. You ready? J-O-B-S-T-H-A-T-C-O-U-N-T-dot-O-R-G.
TD: Oh, they don’t drug test there. There they don’t. The Baltimore Data Capture don’t drug test.
TD: They go case by case with misdemeanors.
TD: Ohhhhh, I do know that when they did the presentation here they said felonies, their not going to hire people with felonies, but if you wasn’t convicted then it shouldn’t come up right?
TD: Okay. Because I’m not the employer. Bye.