Security and Privacy of Criminal Arrest Records: Hearings, Ninety-second Congress, Second Session, on H.R. 13315 ...

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U.S. Government Printing Office, 1972 - Počet stran: 520
 

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Strana 18 - The Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited.
Strana 421 - Act of 19722 provides, among other things, (1) that it shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex or national origin...
Strana 157 - ... interests of immense importance, both because of the possibility that he may lose his liberty upon conviction and because of the certainty that he would be stigmatized by the conviction. Accordingly, a society that values the good name and freedom of every individual should not condemn a man for commission of a crime when there is reasonable doubt about his guilt.
Strana 18 - Congress directed the thrust of the Act to the consequences of employment practices, not simply the motivation. More than that, Congress has placed on the employer the burden of showing that any given requirement must have a manifest relationship to the employment in question.
Strana 18 - ... freeze" the status quo of prior discriminatory employment practices.
Strana 18 - Congress has not commanded that the less qualified be preferred over the better qualified simply because of minority origins. Far from disparaging job qualifications as such. Congress has made such qualifications the controlling factor, so that race, religion, nationality, and sex become irrelevant.
Strana 18 - What is required by Congress is the removal of artificial, arbitrary, and unnecessary barriers to employment when the barriers operate invidiously to discriminate on the basis of racial or other impermissible classification.
Strana 214 - In order to limit access, the following restrictions should be made: (Reference pages 26-27 ) "a. Participating states should limit closely the number of terminals within their jurisdiction to those they can effectively supervise. "b. Each participating state should build its data system around a central computer, through which each inquiry must pass for screening and verification. The configuration on and operation of the center should provide for the integrity of the data base.

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