I went to a job fair on 10/9/07, the recruiter told me that i have to many criminal convictions, i asked her if there was a chance that they might consider hiring me since i have 14 convictions on my record, i already have the actual mmd card, she said i doubt it. She told me that it was norwegian cruise lines america policy that if you have more than 1 criminal conviction that you do not qualify for employment with them. During the presentation she told everyone that if you loose your mmd card for failing a drug test that you would not be able to get it back, i told her that i lost my mmd card for failing a drug test in the past, i went through a drug rehabilitation program, changed my life, on 5/13/08 it will be 5 years since i have done any illegal drugs, the coast guard reinstated my mmd card, i currently have the actual mmd card. Can you please tell me to your knowledge if it is norwegian cruise lines america policy that if a person has more than 1 criminal conviction that they do not qualify for employment with norwegian cruise lines america, if that is not true can you tell me what there policy is. Do you think that she was lying since i already caught her in 1 lie, do you think that they will give me a call to hire me after they review my application at the corporate office. Please Reply A.S.A.P. Sincerely, Slowjoe
Actually employers can refuse to hire someone because of illegal drug use, but they must prove that there is a high probability that the person will again use illegal drugs, or that the person is a threat to themselves or the safety in the workplace.
What the lady said was not tactful in any way, but if all 14 convictions are drug related than they could prove that there was indeed a probability that illegal drug use could continue without it being illegal. The woman was just being honest with you about your chances because she knows what the corporate policy is, and while it's unfair to steroetype people for past mistakes, especially since you have been clean for over 4 years now (nice going btw), all they can see are the 14 convictions.
If you are truly interested in working for NCLA I suggest you get in contact with someone at the corporate headquarters in charge of hiring, because the people at the job fairs are only going to do what they've been told. You'll need to prove to them that you have successfully completed a rehab program, remained clean ever since and have indeed turned your life around. It's a long shot granted, but I think that it your best option at this point.
I found some good information at the Human Rights and Equal Opportunity Commission website that states that it is not legal to deny someone employment because of there criminal record as it states below.
Have you ...
• been refused a job because of your criminal record?
• been dismissed from employment because of your sexual preference, real or assumed?
• been denied the same training opportunities or work conditions as other employees because of your religious faith?
• been denied promotion because of your trade union activities?
If the answer is yes, the Human Rights and Equal Opportunity Commission Act 1986 may be able to help you.
What does the Act do?
The Act provides protection for people who have suffered discrimination in employment and occupation. It covers private and public sector employment.
What is discrimination in employment and occupation?
Under the Act a person suffers discrimination in employment and occupation if she or he has been:
· refused a job
· dismissed from employment
· denied training opportunities
· denied promotion
· subjected to less favourable working conditions or terms of employment
because of one or more of the following grounds
• political opinion
• sexual preference - heterosexual, homosexual
• social origin
• trade union activity
• criminal record.
It is also against the law to discriminate in employment and occupation on the following grounds, although remedies may exist under other federal laws:
• race, nationality, national extraction or colour - Racial Discrimination Act 1975
• sex, pregnancy, marital status or family responsibilities - Sex Discrimination Act 1984
• impairment or disability - actual or imputed, medical record - Disability Discrimination Act 1992
Are all types of discrimination covered by this Act?
No. The Act is very specific. No matter how unfair the discrimination may seem you must have suffered discrimination because of one or more of the grounds listed above to make a complaint to HREOC.
We cannot deal with your complaint if, for example, you felt you were being treated unfairly because of a personality conflict between you and another person within the workplace..
What about job requirements?
Most jobs require you to have certain skills, qualifications or experience so that you can undertake the work competently or safely. It is not discrimination if you do not get a job or a promotion because you do not have the necessary skills, qualifications or experience required for the job.
Employers should choose the best person for the job. They should make this decision based on a person’s ability to perform the essential or ‘inherent’ requirements of the job. An employer can only refuse to employ a person on the basis of criminal record if it is clear that because of the criminal record the person will be unable to perform the essential requirements of the job.
What can I do if someone discriminates against me?
You may want to deal with the discrimination yourself by raising it directly with the people concerned. If this does not resolve the situation, you or someone else on your behalf, - such as a solicitor or trade union – can make a complaint to the Human Rights and Equal Opportunity Commission.
It does not cost anything to make a complaint to HREOC.
Your complaint needs to be put in writing. If you are not able to put your complaint in writing, we can help you with this. HREOC also has a complaint form to help you make a complaint, or you can lodge a complaint by email or online through our website
The complaint should say what happened, when and where it happened and who was involved.
What will happen to my complaint?
When your complaint is received by HREOC we will look through it to make sure it is covered by the Act. If we can not deal with your complaint we will write to you and explain why.
If we investigate the complaint an Investigation/Conciliation Officer will get more information about what happened and find out what you and the respondent agree and disagree on. We may ask fr copies of relevant documents and to interview witnesses. If the complaint is not supported by enough information it may be declined.
If there is enough information to suggest that you have been discriminated against we will assist you and the employer to to try and resolve the complaint through an informal process called conciliation.
Conciliation is a process that allows the parties to a complaint to talk through the situation with the help of someone independent and settle the matter on their own terms. The Investigation/Conciliation Officer ensures that the process is fair to everyone and will help the parties to try and reach an agreement. The Officer may organise a conciliation conference, a teleconference or try and resolve the matter through an exchange of letters. The conciliation conference is not a public hearing, court of law or tribunal. Parties do not have to prove or disprove the complaint.
If conciliation is unsuccessful or not appropriate and HREOC finds that the act or practice complained of is discriminatory the HREOC President may report the matter, along with recommendations for action, to the federal Attorney-General. The report must be tabled in Parliament.
It is important to note that discrimination in employment and occupation under the Act is not unlawful. Rather it is viewed as ‘unfair conduct’. HREOC can not order an employer to treat you fairly or pay compensation. However, we can provide a written report to Parliament about any employer found to have discriminated against you.
What other options do I have?
You can try and talk to the person or organisation causing the problem. You could ask your supervisor or union to help. Your local community legal centre may also be able to assist.
You may also be able to resolve your complaint under federal industrial relations legislation or State and Territory anti-discrimination laws.
Disclaimer: The information on this fact sheet is intended only as a guide. It is not a substitute for legal advice.
I am not in a position to know for sure. I think the company has a right to wiegh those conviction on a risk to their company. A company can hire who they want and if you dont clear a standard hiring policy, not sure you can do much about. On the other hand if you feel they have hired someone before with the same type of back ground you might have a point.
Hello, first off there is no doubt in my mind that you were lied to. As someone who has been through the FULL process from job fair to finishing a contract onboard I am familiar with the way they do business. They just dont have it together. The company and the outsourced recruiters are not in sync. Be weary of this company and also I encourage you to explore other options. As you know with an MMD you have a pretty good job finding tool. Not sure what your situation is but if the Coast Guard gave your Z-card back then you should be good. Hope this provides insight.
If you are upset about them not hiring you posting information about human rights on this message board is not going to get you hired there. I am tired of you posting this stuff here, if you think it is such a crooked company and they abuse their help then don't work for them. Trust is not given it is earned. Everyone has to work against it and you are no exception. I personally would not want to work with someone who talks about how the world is so unfair.
So either talk to someone at NCLA about it or stop trolling the forums here and find another job.
A MMD card is required for US citizens to work onboard US flagged ships over 100 gross tons. Since NCLA is Hawaii only, all crew must go through a drug test, physical, background check, fingerprinting, etc. before getting work on ship.
Hate to burst the bubble of the PC people on here, but most of the cruise lines are not AMERICAN companies, thus the minimum wage and ADA and "criminal rights" do not apply. Congratulations for your cleaning up your life, but I for one do not believe that governments should be allowed to tell people who they must hire. Think about it, how many of you want to have a former robber cleaning your room. A former drug addict seeing your sleeping pills or pain medication sitting on the vanity,or a sex offender with a pass key to your teenage daughter's room?
Hate to burst the bubble of the PC people on here, but most of the cruise lines are not AMERICAN companies, thus the minimum wage and ADA and "criminal rights" do not apply.
That's interesting. It's also completely irrelevent, since the post is about NCLA ( the A in nclA stands for America ).
Congratulations for your cleaning up your life, but I for one do not believe that governments should be allowed to tell people who they must hire.
I agree. Here in Ireland a the wish to avoid a lifetime criminal record is considered a reasonable legitimate disincentive towards committing crime. That disincentive should remain in place I believe.
Think about it, how many of you want to have a former robber cleaning your room. A former drug addict seeing your sleeping pills or pain medication sitting on the vanity,or a sex offender with a pass key to your teenage daughter's room?
It would depend on the severity, frequency, relevency and recency of the crime in question. I would have no problem whatsoever with someone who was convicted 20 years ago, for a single charge of making some extra pocket money through copyright violation ( aka copying music/movies ), and didn't serve time.
Cruise companies have every right to refuse to employ someone just finished completing a 20 yr sentence for rape and murder.