Showing posts with label Felons. Show all posts
Showing posts with label Felons. Show all posts

Wednesday, January 29, 2014

California’s Obamacare Scandal - Criminals Working as Navigators

At least 43 convicted criminals are working asObamacare navigators in California, including three individuals with records of significant financial crimes.

Although some of the offenses are decades old, and although convicted criminals account for only 1 percent of the 3,729 certified enrollment counselors in the state, Californians still have good cause to be concerned about their privacy.

Even a single crooked navigator could do significant harm to the public. That’s because when navigators sign consumers up for health insurance under the Affordable Care Act, they have access to lots of private information, including Social Security numbers, home addresses, and financial data — basically, everything on the wish list of identity thieves and fraudsters. Navigators also are likely to work with a population that is more vulnerable than average.

Limited statistics released by Covered California — the state’s new health-insurance exchange — showed that one navigator has repeat forgery offenses — one in 1982, then another in 1994, with a burglary in between. Another had two forgery convictions in 1988, in addition to a domestic-violence charge a decade later. Another committed welfare fraud in 1999 and had shoplifted on at least two prior occasions. Since 2000, individuals now working as navigators have committed crimes including child abuse, battery, petty theft, and evading a police officer. At least seven navigators have multiple convictions. The information released covered only certified enrollment counselors, one of the three types of navigators working in California.

Thursday, November 7, 2013

State Sues: Fed Rule against Felon Hiring Ban Endangers Public

At least one state has gone to court to fight the Obama administration’s preposterous new regulation limiting employers’ rights to ban hiring felons because it discriminates against minorities.

It’s been an ongoing battle between a number of companies and the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the nation’s workplace discrimination, for years. Under Obama the agency has dedicated extensive resources to go after businesses that check criminal background records to screen job applicants. In 2012 the EEOC officially adopted guidelines that limit employers’ ability to exclude felons from jobs.

The agency has also sued companies for using the checks, claiming in federal complaints that they disproportionately exclude blacks and other minorities from hire. That violates Title VII of the Civil Rights Act, according to the Obama administration, which has pushed hard to deter companies from using criminal background checks to screen job applicants. Of interesting note is that the EEOC conducts criminal background checks as a condition of employment and credit background checks for most of its positions. For some reason, it’s not discriminatory against minorities when the agency does it.

This week Texas fought back, suing the EEOC in federal court claiming that the guidelines against banning the hiring of felons endangers the pubic and encroaches on state sovereignty. The lawsuit says: “The State of Texas and its constituent agencies have the sovereign right to impose categorical bans on the hiring of criminals, and the EEOC has no authority to say otherwise.” Texas also asserts that the EEOC’s policy warning to investigate employers that use felony convictions as “an absolute bar to employment” conflicts with state law that prevents agencies from hiring felons.

“If state agencies choose to comply with the EEOC’s interpretation, they not only violate state law, but also must rewrite their hiring policies at taxpayer expense,” according to Texas’s lawsuit. “And these state entities also must begin evaluating and hiring felons to serve in law enforcement, teach in local elementary schools, nurse veterans and the disabled, counsel juvenile detainees, and coach Little League. This would expose the entire state—including, in particular, its most vulnerable citizens—to a class of individuals who have a proven track record of disobeying the law. And it could expose state entities to liability for employee misconduct.”


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