I read the Boston Globe everyday for the news and to give me the liberal
brain-food perspective for my left-leaning/right-leaning/paradoxical mind. I found this article interesting a few weeks ago. Or maybe disturbing is more the emotion?
HUD, which is not known for being a bastion of operational efficiency, under
any leadership for the past 20 years, and especially under Julian Castro (highly
regarded as a VP prospect for this year) has come out with guidelines now, that
say that as a landlord, you cannot make a requirement for no criminal
record, as a condition of renting.
The HUD logic goes, that since a disproportionate share of the adult
population with a criminal records are blacks or Hispanics, that to make this a
condition of refusal to rent if having a criminal record, is . . in itself . .
.racial discrimination. The continued logic is that, since more blacks or
Hispanics as a % of the population, might have criminal records than whites,
then, more lacks or Hispanics than whites will be denied housing.
No landlord who is receiving any government subsidized rent, can make this
a condition now. And while private landlords may still make this a condition,
they will be opening themselves up for a federal lawsuit by the denied
applicant, on the grounds of a civil rights violation.
I am not a landlord. I do not have to worry about being impacted by
this. It does however, in my mind, provide an insight into how we might see
hiring regulations influenced in the future. I could easily see that this
Washington logic could be extended to say that employers could no longer screen
employment applicants for a criminal record, since to do so would racial
discrimination. Whether it is policy now, or not, though, I think it does not
bode well for any company that currently does criminal background investigations
on new hires. The precedent has been set and the line drawn in the sand.
Checking backgrounds on an applicant for criminal records is an invitation to a
civil rights law suit.
that's my ideas. take them for what it's worth. If you have any
friends/associates who are in the rental business, you might want to forward
this to them?
Bud
ps. HUD also now has a policy that no employee of HUD can be terminated
for any reason except for behavior where they were convicted criminal behavior
by a court of law. duh! Any job performance failure must just be given a
reprimand. But no person hired by HUD can be screened for past criminal
behavior.A
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