Race, Employment, and Crime: The Shifting Landscape of Disparate Impact Discrimination Based on Criminal Convictions

摘要

A regulatory agenda unilaterally set by governments without due consideration of other stakeholders may ultimately do more harm than good. Our argument in this article is that the present state of attempted regulation by the EEOC and private parties does not provide the social benefit desired, and at the same time the economic and social costs are unjustifiably high. Maybe most significant, the current thrust forces the business community into a series of difficult tensions. These tensions either (1) create unjustifiably burdensome dilemmas for businesses-the wide latitude position-or (2) give the business community no meaningful ability to join with regulators in a coordinated effort to confront a significant social problem-the CSR position.