BMW Discrimination Settlement

[Palumboism]

By Chris Bruce
Sep 10th 2015

A BMW subsidiary is on the hook for $1.6 million and must rehire workers as part of a settlement for a race discrimination lawsuit with the US Equal Employment Opportunity Commission. A change in BMW Manufacturing's criminal background check policy at the Spartanburg, SC, factory disproportionately affected African American workers, according to the EEOC, and it cost many people their jobs. The automaker has since changed the policy.

According to Automotive News, the suit stemmed from BMW switching logistics contractors at the plant in 2008. As a result, 645 existing workers had to submit revised criminal background checks to keep their jobs. About 100 people didn't meet the new guidelines, according to the EEOC, and they lost their jobs. Around 80 percent of those affected were African American. According to the government agency's complaint, the altered procedures only took into account the category of a crime, not factors like when it occurred or whether the infraction was a misdemeanor or felony.

With the settlement accepted by US District Court, BMW must offer work to the affected employees in this case and as many as 90 African American applicants that the contractor didn't hire because of the rules. The automaker also must offer training in the proper manner for criminal background checks. While there's nothing inherently wrong with investigating workers, "when a criminal background screen results in the disproportionate exclusion of African-Americans from job opportunities, the employer must evaluate whether the policy is job related and consistent with a business necessity," ​P. David Lopez, the EEOC's General Counsel, said in the agency's release, which you can read below.

http://www.autoblog.com/2015/09/10/bmw-discrimination-settlement-south-carolina/

I see nothing wrong with what BMW did in this case.  BMW runs a tight ship and would prefer not to hire criminals and and that's understandable. 

Do you believe BMW operated improperly?

[Lustral]

Depends what crime was. If it was selling drugs/possession what the fuck does that have to do with cars? If it was theft/fraud they might have a point.

Innocent til proven guilty then serve the time if guilty...  and then suffer consequences regardless for rest of life? Hardly fair if you've changed. Why not keep repressing those who broke law, I'm sure they won't break law again to eek out a living.

[Parker]

I remember this. And I wondered what happened.

[Twaddle]

This is an outrage!!!   

[Vince G, CSN MFT]

By Chris Bruce
Sep 10th 2015

A BMW subsidiary is on the hook for $1.6 million and must rehire workers as part of a settlement for a race discrimination lawsuit with the US Equal Employment Opportunity Commission. A change in BMW Manufacturing's criminal background check policy at the Spartanburg, SC, factory disproportionately affected African American workers, according to the EEOC, and it cost many people their jobs. The automaker has since changed the policy.

According to Automotive News, the suit stemmed from BMW switching logistics contractors at the plant in 2008. As a result, 645 existing workers had to submit revised criminal background checks to keep their jobs. About 100 people didn't meet the new guidelines, according to the EEOC, and they lost their jobs. Around 80 percent of those affected were African American. According to the government agency's complaint, the altered procedures only took into account the category of a crime, not factors like when it occurred or whether the infraction was a misdemeanor or felony.

With the settlement accepted by US District Court, BMW must offer work to the affected employees in this case and as many as 90 African American applicants that the contractor didn't hire because of the rules. The automaker also must offer training in the proper manner for criminal background checks. While there's nothing inherently wrong with investigating workers, "when a criminal background screen results in the disproportionate exclusion of African-Americans from job opportunities, the employer must evaluate whether the policy is job related and consistent with a business necessity," ​P. David Lopez, the EEOC's General Counsel, said in the agency's release, which you can read below.

http://www.autoblog.com/2015/09/10/bmw-discrimination-settlement-south-carolina/

I see nothing wrong with what BMW did in this case.  BMW runs a tight ship and would prefer not to hire criminals and and that's understandable. 

Do you believe BMW operated improperly?

Nope...you can't fire someone for changing the rules of employment after they've already been hired and had been working unless they lied on their application.   This one is a no-brainer.  

[Palumboism]

Nope...you can't fire someone for changing the rules of employment after they've already been hired and had been working unless they lied on their application.   This one is a no-brainer.  

None of these people worked for BMW directly, so BMW didn't fire anyone.  All of these people work for a logistics contractor that BMW hired. 


[snip]
More specifically, the complaint alleged that when BMW switched contractors handling the company's logistics at its production facility in Spartanburg, S.C., in the summer of 2008, it required the new contractor to perform a criminal background screen on all existing logistics employees who re-applied to continue working in their positions at BMW. At that time, BMW's criminal conviction records guidelines excluded from employment all persons with convictions in certain categories of crime, regardless of how long ago the employee had been convicted or whether the conviction was for a misdemeanor or felony.

http://www.autoblog.com/2015/09/10/bmw-discrimination-settlement-south-carolina/

[Lustral]

None of these people worked for BMW directly, so BMW didn't fire anyone.  All of these people work for a logistics contractor that BMW hired. 


[snip]
More specifically, the complaint alleged that when BMW switched contractors handling the company's logistics at its production facility in Spartanburg, S.C., in the summer of 2008, it required the new contractor to perform a criminal background screen on all existing logistics employees who re-applied to continue working in their positions at BMW. At that time, BMW's criminal conviction records guidelines excluded from employment all persons with convictions in certain categories of crime, regardless of how long ago the employee had been convicted or whether the conviction was for a misdemeanor or felony.

http://www.autoblog.com/2015/09/10/bmw-discrimination-settlement-south-carolina/

Peope always spout do the crime do the time - why should you be punsihed thereafter unless a recidivist or crime was specific to that area of employment (ie no pedos in childcare or armed robbers doing bank runs with security companies). If you beat the shit out of someone or sold some weed why should it affect your prospects at building cars?

[Las Vegas]

Dealing smack out of the roach coach, probably.

[Fuzzy Nuts]

If you want to hire respectable employees, don't do business in SC.

[Wiggs]

Nope...you can't fire someone for changing the rules of employment after they've already been hired and had been working unless they lied on their application.   This one is a no-brainer.  

Yep. That was a Bush league move.

[tommywishbone]

$1.6 million for BMW? LOL! They can get that out of the vending machines in the break room.