Barriers to the Employment of Former Offenders Legal Considerations

• NCJ Number: 91427
• Author(s): H G Roberts; W E Armstrong; R S Miller
• Date Published: 1978
• Length: 100 pages
• Corporate Author: Louisiana Governor's Pardon, Parole and Rehabilitation Cmssn
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

Following an overview of the barriers to the employment of ex-offenders, this paper discusses the judicial, executive, and legislative action that can provide ex-offenders relief from prejudice and bonding and legal restrictions that act as barriers to their employment, with particular attention to Louisiana.

Abstract

An offender released from prison is likely to be deficient in job skills and good work habits and will also have to contend with employer prejudice against ex-offenders as well as bonding restrictions and legal impediments to an ex-offender's access to employment. With regard to judicial remedies for employer prejudice and restrictions upon ex-offender access to employment, the courts have traditionally upheld employment standards which disqualify applicants with a criminal record, with the rationale being that such criteria are reasonable in protecting the safety and health of the public. In recent years, with the trend toward the rehabilitation and reintegration of offenders, the courts have been more inclined to balance the protection of society with the offender's need to find lawful employment. The more successful judicial attacks on barriers to the employment of former offenders have been through Title VII of the 1964 Civil Rights Act and the equal protection and due process clauses of the 14th amendment of the U.S. Constitution. Also, the 1974 Louisiana Constitition provides some relief. Executive action includes clemency that precludes any legal justification for denying the pardoned person access to employment, since any legal consequences of the offense are obviated. Legislative remedies include expungement, which removes the penalties and legal disabilities attached to a conviction as well as the record of the conviction; restricted denial of occupational licensing to ex-offenders; and provisions for bonding coverage to presumed high-risk job applicants. Various recommendations for improving remedies for ex-offender employment barriers are offered. A total of 161 footnotes are provided.