Objectors to this bill feel that employers should be forced to hire convicts because, now that they have returned to society, they should have been rehabilitated. In reality, however, the successful operation of this theory is the exception rather than the rule. Employers should be trusted to make their own decisions as to whether the person is right for the job. Employers should be able to consider whether an employee or prospective employee abides by the laws of this state and nation. Forcing a company to disregard such information creates a dilemma for an employer who has safety and other concerns to consider when hiring such an individual.
Criminals choose to be criminals.
One does not choose to be black, female, disabled, old or Hispanic. Given the crisis employers face in attracting and keeping quality employees, employers will still be inclined to give the benefit of the doubt to employees who can do the job. Many employers are inclined to provide a job if they think an employee will show up for work. Under the current law, criminals in those situations have the ability to sue employers who do not hire them and could force the employer to spend thousands of dollars proving that a better candidate was hired or that the crime was substantially related to the position. Today, employers are faced with more sources of claims and certainly a much higher number of claims from employees than ever before.