skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 64075 Find in a Library
Title: LEGAL BARRIERS TO JOBS ARE SLOWLY DISAPPEARING
Journal: CORRECTIONS MAGAZINES  Volume:5  Issue:4  Dated:(DECEMBER 1979)  Pages:68-72
Author(s): A D GILMAN
Corporate Author: Criminal Justice Publications, Inc
United States of America
Date Published: 1979
Page Count: 5
Sponsoring Agency: Criminal Justice Publications, Inc
New York, NY 10017
Format: Article
Language: English
Country: United States of America
Annotation: LEGAL BARRIERS AND DISCRIMINATORY PRACTICES IN HIRING EX-OFFENDERS ARE SLOWLY DISAPPEARING. REMAINING STATE DISABILITY STATUTES ARE EXAMINED AND AVENUES OF RECOURSE SUGGESTED FOR REHABILITATED OFFENDERS SEEKING EMPLOYMENT.
Abstract: IN THE LAST 10 YEARS, MORE AND MORE OCCUPATIONS, PROFESSIONS, AND LEGAL RIGHTS HAVE BEEN OPENING UP TO EX-OFFENDERS THROUGH THE REPEAL OF RESTRICTIVE STATUTES AND THE GREATER LENIENCY OF LICENSING REGULATIONS. THE RESULT IS THAT IN MANY STATES, EX-OFFENDERS HAVE PENETRATED PROFESSIONS FORMERLY CLOSED TO THEM, INCLUDING THE SOCIAL SERVICE FIELDS. AMONG THE MOST SPECTACULAR CASES IS THAT OF AN EX-CONVICT WHO BECAME A JUDGE. NEVERTHELESS, BARRIERS STILL CONFRONT THE REHABILITATED OFFENDER IN THE FORM OF REMAINING CIVIL DISABILITY STATUTES, DISCRETIONARY POWERS OF LICENSING BOARDS, AND THE UNSKILLED QUALIFICATIONS AND PERSONAL INSECURITY OF MANY RELEASED OFFENDERS. EXAMPLES OF REPREHENSIVE REGULATION INCLUDE 'CIVIL DEATH STATUTES' STILL EXTANT IN SOME STATES, STATUTES THAT BAR EX-FELONS FROM SPECIFIC PROFESSIONS SUCH AS TEACHING, AND OTHERS WHICH REQUIRE 'GOOD MORAL CHARACTER' AND BAR THOSE OF 'MORAL TURPITUDE' FROM OCCUPATIONAL LICENSES. A GUIDE TO LEGISLATORS CHANGING THESE REGULATIONS RECOMMENDS THE FOLLOWING CRITERIA FOR LICENSING OCCUPATIONS; A PROHIBITION AGAINST INQUIRY INTO ARRESTS WITHOUT CONVICTION; A REQUIREMENT THAT A DIRECT RELATIONSHIP EXIST BETWEEN THE PAST CRIME AND THE OCCUPATION FOR WHICH LICENSE IS DENIED; AND PROVISIONS FOR APPEALS PROCEDURES. AN ADDITIONAL AVENUE OF CHANGE IS THE COURT, WHERE OCCUPATIONAL AND LICENSING RESTRICTIONS CAN BE CHALLENGED. SUCCESSFUL SUITS ARE CITED INVOLVING TAXICAB DRIVER LICENSING AND EMPLOYMENT WITH THE POSTAL SERVICE. ADDITIONALLY, ORGANIZATIONS ESTABLISHED TO ASSIST EX-CONVICTS IN OBTAINING JOBS ARE ENUMERATED. MINNESOTA PRACTICES OF HIRING EX-OFFENDERS IN THE CORRECTIONS DEPARTMENT ARE CITED AS A NATIONAL EXAMPLE. ILLUSTRATIONS ARE INCLUDED. (MRK)
Index Term(s): Employer attitudes; Equal opportunity employment; Ex-offender employment; Ex-offenders rights; Laws and Statutes; Licensing; Social reintegration
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64075

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.