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Mary Kissel on a recent brainstorm from the Equal Employment Opportunity Commission
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And now we're going straight to -- -- -- with the wall street journal editorial board and now we're gonna stick with the workplace for a little that you have a great story about how companies are treating.
The disabled that is ironically disabling them in the sense that also normal healthy workers -- what -- got -- what we can't.
Just real drama over the last month at some -- the Equal Employment Opportunity Commission.
It's one of these federal agencies it's it's in Washington -- nobody really look Sadr koppers.
And eat what happens when nobody looks at federal agencies they try to obviously overstepped their bounds I -- So it does well yes so this is what TSE -- -- -- UC wanted to do they want to do three things have.
They wanted to make it harder for companies to use credit checks.
And criminal histories when they hire people.
And then they also wanted to expand the Americans with disabilities act so we -- the first part -- you have to first -- right.
Got what no this is outrageous this is importance now in credit checks and criminal checks.
Let's think about this so you -- -- care agency tell you -- know if you're employee has a criminal record -- say you're a bank right.
You don't you want to know that the person -- handling their customers' money is doing a good job yet.
And -- not first look at the DC said look this discriminates against minorities because more minorities.
Are incarcerated -- arrested then say white people so you know what we need to give them a leg up.
Never mind that they have the option not to 'cause -- chainsaw and to have good credit just like the rest of us so.
That that's not that's very very important.
The American disability abilities act piece.
This is another thing that would really impose great costs on business so this whole drama played out over the last couple of weeks right and last week.
We came to the final meeting and their interest in conclusion.
Okay what is that okay well after we called attention to the stuff on the wall street journal editorial page.
Magically the commission decided you know what.
Maybe you'll just drop that idea of banning companies use of credit checks maybe that's important.
-- you know what the Americans with disabilities act you know we wanted to make it harder to fire the disabled.
We wanted to give the disabled.
Indefinite leave imagine the costs on companies meeting today exactly it's not so hard to.
Prove that you're -- and that's that's fresh end.
That back I mean right but it wasn't always like that and then holding that job for a normal struggling purse and looking to get into the job market they have -- it.
Indefinitely.
Correct disabled this is what they wanted to do because -- EEOC has never liked the idea that companies could set very clear rules.
About say unpaid leave.
-- -- that idea for -- after Sears Roebuck and company for years since here's finally caved -- Sinn -- Here's some money please stop pursuing us is so.
Look if they were they were going down the road of imposing huge costs on businesses and then magically last week.
Just like the credit checks the American -- disabilities act stuff disappeared so what -- they left with they say you know what.
We think we can go forward on these criminal check IDS.
Right is so we are going to make it easier.
For the disabled.
To kind of have a conversation with their employer if they have a criminal check we're also gonna make it easier for the plaintiff's bar to sue.
Under state laws and I'm American disabilities act so it's kind of like they're merging that disabled in -- criminal.
Lots good big date they dropped CAD dropped the credit -- and they're gonna make -- date they want to place restrictions on the criminal -- side of things affect so this this does what do they do they said.
We think minorities are discriminated against in terms of criminal checks.
We want to get special treatment -- to criminals so let's say you hired somebody was has a criminal record and act out at work we you know what.
You have to figure out why they were acting out of work hand is -- a result of there history.
That is so we're gonna -- give them special treatment.
And also we're gonna make it easier to sue under state law for discrimination.
If you if companies -- criminal checks and hiring.
So this is all right our company that is incredible losing five person commission that's yeah imposing costs on businesses and very few people are -- And that's been saying it's so easy to lash out at big business out there but if you want them or even small business if you want business to hire someone to have to -- environment a lot more friendly and cost effective for them so they're spending money.
And all this other stuff.
Why -- they -- more work.
Yeah and this is gonna affect companies have fifteen workers or more so you're not really talking about small and -- -- -- you know what.
Good -- CE -- for dropping this crazy.
Credit check -- in this crazy Americans with disabilities act expansion.
That really would have been harmful I think moving forward with restricting criminal checks is not a great idea it is going to result in more lawsuits and more.
Legal paperwork for businesses they will have to be careful.
-- isn't isn't sentenced him.
Well the debate what teen years he can do is to put out guidance -- not like the SEC they don't come out with rules that you need public comments on they put out these little papers and -- what we think you should do.
Of course companies take it as a new rule because they can get sued on the back of this guidance right so you look.
I think it this is just another example of an agency in Washington.
Which really has very little public scrutiny which is moving forward ideas that are truly radical ideas in the fact that they even consider.
Banning credit checks when you hire someone -- that's extraordinary had a they concoct this can very easily I'm glad you asset Christine.
Again it has to do with what they call.
Anti discrimination actions they they don't like things that they saying disproportionately affect minorities.
So they said you know what.
-- credit checks well.
Many minorities don't have very good credit so if you if you -- -- check somebody's credit that's gonna have what we call a disparate impact on.
Minorities.
Well again why should people with bad credit get special treatment and hiring.
And -- the Obama administration is on this and number various it's on -- from mortgage loans they say minorities should get.
Mortgage loans just by virtue of the fact that they're minorities right they should be easier to hire.
And more -- is gonna fix the job market because.
There are all sort of people who can't catch up right now so it's not gonna it's not -- think you know it it it it won't sixty employment numbers that narrative might -- them.
It it will hurt them because the morning you interfere with business's ability and make good decisions is the more.
All of our stories.
Lately the fact that the government just needs sit back a little bit and let everything -- happen organically and let.
Let private enterprise -- and small businesses kind of just work on their own.
That's right this government wants to be involved in every in the -- new show.
This this this case we've just talked about what he has seen this is the -- Of how you hire someone the minutia of how you treat some in the minutia of how you fire them.
Think about that if we if what if if this -- he he had moved forward on these two initiatives that would have been.
It's hugely hugely expense of the business so good for them for not doing that.
But -- -- the restrictions on criminal checks not a great outcome I think you really need to keep an eye on these guys.
