Employee with Outstanding Warrant Kidnaps Boss: Part II.

Palermo’s former boss should have taken into consideration the three “Green” factors that the EEOC recommends when conducting criminal background checks, which was reiterated in the EEOC’s new guidance on criminal background checks on April 25, 2012. The Green factors are based on the court case Green vs. Missouri Pacific Railroad, 549 F. 2d 1158 (8th Cir. 1977); this case involved an employer who had a “blanket” policy of not hiring anyone convicted of a crime. The court ruled that this blanket no hire policy of convicts was unlawful because such policy would have a disparate impact on minorities who are arrested and convicted at a higher rate. The courts have also ruled that disparate impact can still occur so long as there is a solid business necessity to back up such policy and that there are other factors met as well. Specifically any business that does criminal background checks for employment should consider these three (3) factors (aka “Green’ factors):

1.)  Nature of Crime & Gravity of Offense
2.)  Nature of the Job Sought
3.) Time Elapsed since Criminal Conviction & Rehabilitation Completed

Fast forward to present day…as it turns out, the former employee Chris Palermo who is now serving time at the New Hampshire State Prison for Men for his crimes, has continued his criminal behavior, both in and out of jail.

Palermo, also known as Inmate # 12437, is incarcerated in the New Hampshire State Prison for Men. After he was first booked into the New Hampshire State prison system; his incarceration has been anything but normal; he has had numerous fights with prison guards,  the most recent of which happened in October of 2011, and has escaped from prison once already.

Palermo has developed a rebellious and litigious reputation in prison as he has penchant for fights and filing lawsuits, here are just a few…Palermo vs. Coos County, Palermo vs. the Merrimack New Hampshire Department of Corrections and Palermo vs. the New Hampshire Department of Prisons, Palermo vs. William Wrenn, Commissioner, New Hampshire Department of Corrections, not to mention at least 3 other lawsuits, the common theme in all of his lawsuits are his claim that his Civil Rights were violated.

Palermo’s own recidivism rate went up even before he was released from prison as he attempted to escape prison. Palermo was apprehended by authorities on February 7 after he was spotted driving from a local bar. Palermo was in Keene for an appearance at the Cheshire Circuit County courthouse when he escaped inside of a parking garage near City Hall. He was charged with attempt to commit escape, resisting arrest or detention; receiving stolen property; disobeying an officer; driving after license revocation or suspension. This little adventure has upgraded Palermo’s case to the Cheshire County Superior Court.

One question one might ask how would our current hiring laws and the EEOC’s new enforcement guidelines on criminal background checks effect Palermo whenever he is released from prison in New Hampshire?

The answer is that because Palermo does not fall under the protections of Title VII., the EEOC would not be involved with his case, if he feels he has been discriminated against and passed over because of his criminal record, however, most employers who conduct criminal background checks are consistent in their hiring policy implementation and practice and would hold Palermo to the same standard for consistency and apply the Green factors to him as well as any other job applicant.

To be Continued…