NCJ Number
52474
Date Published
1978
Length
98 pages
Annotation
ATTITUDES OF PRIVATE AND GOVERNMENT EMPLOYERS TOWARD THE HIRING OF EX-OFFENDERS, JUDICIAL DECISIONS RULING ON THE CONSTITUTIONALITY OF DISCRIMINATION AGAINST EX-OFFENDERS, AND LOUISIANA LAW ARE REVIEWED.
Abstract
THIS REPORT BEGINS WITH A DISCUSSION OF THE PROBLEMS FACED BY THE EX-OFFENDER SEARCHING FOR A JOB. THE PUBLIC IS RELUCTANT TO HIRE HIM, LICENSING BOARDS MAY DENY HIM AN OCCUPATIONAL LICENSE, AND BOTH PUBLIC AND PRIVATE EMPLOYMENT OPPORTUNITIES MAY BE CLOSED TO THOSE WITH FELONY CONVICTIONS. THESE BARRIERS TO EMPLOYMENT HAVE BEEN CHALLENGED UNDER TITLE VII OF THE 1964 CIVIL RIGHTS ACT AND UNDER THE EQUAL PROTECTION AND DUE PROCESS CLAUSES OF THE U.S. CONSTITUTION. THE U.S. SUPREME COURT DECISIONS IN THESE AREAS ARE VIEWED. IN GENERAL, THEY HAVE OVERTURNED CASES INVOLVING DISCRIMINATION AGAINST EX-OFFENDERS IF THERE IS NO GOOD REASON TO DENY THEM THE EMPLOYMENT OPPORTUNITY. HOWEVER, SUCH DISCRIMINATION HAS BEEN UPHELD IF THE POSITION INVOLVES A TRUST. THE LOUISIANA CONSTITUTION OF 1974 SPECIFICALLY ELIMINATED MANY BARRIERS TO EX-OFFENDER EMPLOYMENT. THESE PROVISIONS ARE LISTED. LOUISIANA COURTS HAVE ALSO HELD THAT AN EXECUTIVE PARDON RESTORES FULL CIVIL RIGHTS. THE STATUS OF THE AUTOMATIC FIRST OFFENDER PARDON PROVIDED FOR IN THE 1974 LOUISIANA CONSTITUTION HAS NOT YET BEEN TESTED IN THE COURTS. LEGISLATIVE REMEDIES TO HELP EX-OFFENDERS OBTAIN EMPLOYMENT INCLUDE EXPUNGEMENT OF CRIMINAL RECORDS, CHANGES IN LAWS WHICH DENY OCCUPATIONAL LICENSES TO THOSE WITH FELONY CONVICTIONS, AND PROVISIONS FOR BONDING EX-OFFENDERS. EACH OF THESE MEASURES IS EXAMINED IN DETAIL, AND RECOMMENDATIONS ARE MADE. A TABLE LISTS OCCUPATIONS WHICH REQUIRE LICENSING IN LOUISIANA AND PROVISIONS FOR REVOCATION OR DENIAL (FELONY CONVICTION IS LISTED FOR MOST). EACH SECTION OF THE STUDY CONTAINS FOOTNOTES. (GLR)