Go to the website http://www.eeoc.gov/laws/practices/inquiries_arrest.conviction.cfm
You will see the below “Consideration of Arrest…”
section. Scroll down until you see “2.
Arrests.”
Consideration of Arrest and Conviction Record in Employment
Decisions Under Title VII of the Civil Rights Act of 1964
2. Arrests
The fact of an arrest does not establish that criminal
conduct has occurred. Arrests are not proof of criminal conduct. Many arrests
do not result in criminal charges, or the charges are dismissed. Even if an individual is charged and
subsequently prosecuted, he is presumed innocent unless proven guilty.
An arrest, however, may in some circumstances trigger an
inquiry into whether the conduct underlying the arrest justifies an adverse
employment action. Title VII calls for a fact-based analysis to determine if an
exclusionary policy or practice is job related and consistent with business
necessity. Therefore, an exclusion based on an arrest, in itself, is not job
related and consistent with business necessity.
Another reason for employers not to rely on arrest records
is that they may not report the final disposition of the arrest (e.g., not
prosecuted, convicted, or acquitted). As documented in Section III.A., supra,
the DOJ/BJS reported that many arrest records in the FBI's III database and
state criminal record repositories are not associated with final dispositions.
Arrest records also may include inaccuracies or may continue to be reported
even if expunged or sealed.
01. Steven
Crain started work at TransDev in the beginning of June of 2014.
02. TransDev’s
address and phone number are 3412 Citizen Avenue,
North Las Vegas , Nevada
89032
03. Steven
Crain was arrested on September 4, 2014 .
04. When
Steven Crain asked for his job on July
7, 2015 , Steven was told by the payroll department and Lynette that
he is still on unpaid administrative leave pending the outcome of the jury
trial.
05. Steven
Crain is unable to collect unemployment insurance since TransDev has not fired him. TransDev has suspended Steven Crain (unpaid
administrative leave). Without money
coming in, how is Steven Crain supposed to pay bills (rent, groceries, utility
bills, household and personal hygiene products.
06. If
Steven Crain quits, he may not be able to get unemployment insurance
benefits. It could be that TransDev
wants Steven Crain to quit so that TransDev won’t have to pay unemployment
benefits to Steven Crain.
07. TransDev
is violating Title VII of the Civil Rights Act of 1964 by suspending Steven Crain
(unpaid), based solely on an arrest, which Steven has not been convicted of.
08. According
to eeoc.gov, a person is innocent until proven guilty. Therefore Steven Crain is innocent.
09. On
July 17, 2015 , Lynette and
2 managers of TransDev met with Steven Crain, regarding Steven Crain’s job
status. The meeting was pre-set. Neither Lynette nor the 2 managers notified
Transportation Union Local 631 (Randy) of the meeting, so that a Union rep can
be there with Steven Crain. Union rules
state that a company must notify the Union of meetings,
regarding employment problems. Union
Local 631 address is 700 North Lamb, Las Vegas ,
Nevada
10. Steven
Crain met with Randy (Union Local 631) on Friday July 24, 2015 , to discuss the problems with
TransDev and to file a grievance.
11. On
the morning of Monday, July 27, 2015 ,
Steven Crain went to the United States Equal Employment Opportunity Commission
(EEOC) located at 333 South Las Vegas Boulevard, Suite
8112 , Las Vegas , Nevada September 4, 2015 at 8:30 a.m.
12. On Wednesday
August 19, 2015 , TransDev scheduled a meeting for August 21, 2015 at 3;30
at TransDev office with Randy and Steven Crain.
13. On Friday,
August 21, 2015 , TransDev called Randy to cancel the meeting. This TransDev’s
cancellation is just another example of TransDev acting in
bad faith.
14. Steven
Crain made several attempts to speak with Lynette (TransDev). Lynette, not only avoids those telephone calls,
but doesn’t have the courtesy to call Steven back.
One might say Lynette, on behalf of TransDev is acting unprofessionally and in bad faith.
15. On
November 6, 2015 , the knowingly
false criminal case against Steven Crain was dismissed at the insistence of the
Clark County, Nevada District Attorney’s office. Despite the fact that Lynette (TransDev) told
Steven Crain, back in early July 2015, that once the case is dismissed and
Steven is found not guilty, TransDev would give Steven his job back and also
back pay. TransDev has done neither.
If you check the National Labor Review Board’ website (http://www.nlrb.gov),
regarding TransDev and Veolia Transportation, you will see that similar charges
have been filed against TransDev/Veolia.
Just a few of the cases are 20-CA-139343, 20-CA-146917, and
28-CA-143660.
For the details regarding Steven Crain’s arrest, please
read http://www.officermichaelvandyke.blogspot.com
Also see Nevada Revised Statutes (NRS) 608.010, 608.190, and
608.195
Additionally, EEOC’s
new Guidance's roots can be traced back to the Unites States Supreme Court's
1971 opinion in Griggs v. Duke Power Company and the more recent EEOC E-RACE
(Eradicating Racism and Colorism in Employment) Initiative, which seeks, among
other things, to address "21st century manifestations of
discrimination" under Title VII of the Civil Rights Act of 1964. According
to the EEOC, studies reveal that people of certain races, colors, and national
origins are arrested more frequently than others outside of those groups. In
2011 alone, 50,060 charges of discrimination alleging race/color/national
origin-based discrimination were filed with the EEOC, which accounted for 50%
of the charges filed that year. See
http://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm. The new Guidance
also supports its reasoning by citing studies finding that criminal history
information is often incomplete and inaccurate.
(Steven Crain is Hispanic, and for the past year plus, we
have all heard about the injustices and hate crimes being committed against
Hispanics. Violation of 14th
Amendment.)
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