MODEL PROPOSAL TO AVOID EX-OFFENDER EMPLOYMENT DISCRIMINATION

• NCJ Number: 66775
• Journal: Ohio State Law Journal Volume: 41 Issue: 1 Dated: (1980) Pages: 77-106
• Author(s): J R POTUTO
• Date Published: 1980
• Length: 30 pages
• Corporate Author: Ohio State University
• Sale Source: Dennis and Co, Inc
• Language: English
• Country: United States of America
• Note: PRICE QUOTED IS FOR ENTIRE ISSUE.

Annotation

THE PLIGHT OF SKILLED EX-OFFENDERS ENCOUNTERING DISCRIMINATION BECAUSE OF A PRIOR CRIMINAL RECORD IS EXAMINED; SOLUTIONS FOR ENHANCED EX-OFFENDER EMPLOYMENT OPPORTUNITIES ARE PRESENTED.

Abstract

THE MODEL SENTENCING AND CORRECTIONS ACT CONTAINS PROVISIONS FOR VOLUNTARY INMATE PARTICIPATION IN CORRECTIONAL TRAINING PROGRAMS GEARED TO REALISTIC EMPLOYMENT POSSIBILITIES AFTER RELEASE. IN ORDER TO DECREASE RECIDIVISM, HOWEVER, SUCH TRAINING MUST BE COUPLED WITH A SOCIETAL RESPONSE FOR EQUAL EMPLOYMENT OPPORTUNITY, PRESENTLY IMPEDED BY A MYRIAD OF RESTRICTIONS AGAINST LICENSING EX-OFFENDERS. SUGGESTIONS FOR ELIMINATING DISCRIMINATION INCLUDE THE EXPUNGEMENT AND SEALING OF RECORDS AND LEGISLATIVE PROHIBITIONS AGAINST DISCRIMINATION BY EMPLOYERS, PROFESSIONAL SCHOOLS, ORGANIZATIONS, AND UNIONS. SEVERAL STATES, SUCH AS HAWAII, MINNESOTA, AND FLORIDA, ALREADY HAVE EMPLOYMENT DISCRIMINATION LEGISLATION, AND THE MODEL SENTENCING CORRECTIONS ACT OFFERS A PATTERN FOR OTHER STATES TO FOLLOW. DETAILS AND NUANCES OF THE ABOVE LEGISLATIVE MEASURES DIFFER, BUT ALL INCLUDE ANTIDISCRIMINATION PROVISIONS IN PUBLIC EMPLOYMENT AND LICENSING AND REQUIRE A DIRECT RELATIONSHIP BETWEEN THE JOB SOUGHT AND THE OFFENSE COMMITTED IN CASES WHERE EX-OFFENDERS ARE REFUSED EMPLOYMENT. THE MINNESOTA STATUTE EXCLUDES MINOR OFFENSES FROM THE LATTER REQUIREMENT AND PROHIBITS THE DISSEMINATION OF RECORDS PARTICULARLY HARMFUL TO THE EX-OFFENDER BUT IRRELEVANT TO THE POTENTIAL EMPLOYER. LAW ENFORCEMENT AND LEGAL PROFESSIONS, HOWEVER, CAN EXERCISE THE DIRECT RELATIONSHIP TEST TO EXCLUDE EX-OFFENDERS FROM THEIR RANKS. THE MODEL SENTENCING AND CORRECTIONS ACT PROVIDES DETAILED GUIDELINES FOR THE APPLICATION OF THE DIRECT RELATIONSHIP TEST. THE FIRST CONSIDERATION IS WHETHER THE OCCUPATION PROVIDES OPPORTUNITY FOR A SIMILAR OFFENSE. THE TIME ELAPSED SINCE RELEASE IS ANOTHER CRITERION INDICATIVE OF REHABILITATION SUCCESS. FURTHER, EMPLOYER INTERESTS ARE PROTECTED BY THEIR OPTION TO REFUSE REHIRING SOMEONE FORMERLY CRIMINALLY ASSOCIATED WITH THEIR COMPANY. FOOTNOTES ARE INCLUDED. (MRK)