Pubdate: Mon, 09 Aug 2010
Source: Augusta Chronicle, The (GA)
Copyright: 2010 The Augusta Chronicle
Contact: http://chronicle.augusta.com/help/contact
Website: http://chronicle.augusta.com/
Details: http://www.mapinc.org/media/31

THE CITY'S CRACK DELIVERYMAN

The city's crack deliveryman How can a convicted drug dealer land on
the city's payroll?

When the city of Augusta hired Troy Curry as a laborer in January
2006, and basically rehired him as a meter reader in 2008, he had a
nearly 20-year criminal record, including as a drug dealer.

Surprise. He was arrested recently for allegedly selling crack cocaine
along his route.

If true, the city basically hired a crack deliveryman.

Nor have the courts covered themselves in glory in this case: Curry
was handed a total of 15 years in prison for convictions spanning
1996-2005 -- and, obviously, wasn't even in prison when hired in
January 2006.

How could this happen?

The biggest problem may be American labor law: Apparently, a criminal
can't be "discriminated" against if the crime in question doesn't
directly relate to the tasks required by the job. In addition,
according to the city's Human Relations Department, the use of
criminal background checks is frowned upon by the federal government.

Decisions not to hire or retain someone "based on the candidate's
arrest record are generally improper and may lead to liability for
discrimination under Title VII and state anti-discrimination laws on
either a disparate treatment or adverse impact theory," says an
article provided by Augusta H.R. Director Rod Powell.

In short, Powell writes, the federal Equal Employment Opportunity
Commission feels background checks "can have an adverse effect on
minority applicants."

"This is why we can't, per se, use criminal background information to
disqualify applicants for jobs," Powell wrote to us.

Employers, the article says, must weigh the gravity of the offense,
how long ago it was and whether "the job relates to the type of crime
committed (e.g., a convicted embezzler seeking an accountant's position)."

Moreover, an employer apparently "must also evaluate whether the
applicant actually engaged in the alleged misconduct" -- in other
words, judge the job applicant's innocence or guilt for himself,
notwithstanding any court verdicts.

Why would anyone hire anyone these days?

We don't know if this legal gobbledygook, or sheer incompetence at
City Hall, is to blame. But the facts are the facts: The city of
Augusta carelessly hired a convicted drug dealer as a meter reader, a
position of some responsibility and contact with the public -- only to
find he's been allegedly selling cocaine from his city truck. He was
reportedly arrested with 8 grams of it, as well as $1,600.

He had been convicted of possession of cocaine with intent to sell
just a year prior to his initial hiring.

One utilities director hired him as laborer, another approved his
hiring as a meter reader. Both say they weren't aware of Curry's rap
sheet.

We're not suggesting a ban on hiring those with criminal records. It
can be a good investment in some people's rehabilitation. But the city
has no written policy on it, and two department heads have admitted
they had no clue of this man's particular troubles with the law from
1986 to 2004.

No federal law requires hiring with your eyes closed. 
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MAP posted-by: Jo-D