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: 66775 Find in a Library
Title: MODEL PROPOSAL TO AVOID EX-OFFENDER EMPLOYMENT DISCRIMINATION
Journal: OHIO STATE LAW JOURNAL  Volume:41  Issue:1  Dated:(1980)  Pages:77-106
Author(s): J R POTUTO
Corporate Author: Ohio State University
College of Law
United States of America
Date Published: 1980
Page Count: 30
Sponsoring Agency: Dennis and Co, Inc
Buffalo, NY 14203
Ohio State University
Columbus, OH 43210
Sale Source: Dennis and Co, Inc
251 Main Street
Buffalo, NY 14203
United States of America
Language: English
Country: United States of America
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)
Index Term(s): Discrimination; Ex-offender employment; Ex-offenders rights; Florida; Hawaii; Inmate vocational training; Minnesota; Model law; State laws
Note: PRICE QUOTED IS FOR ENTIRE ISSUE.
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66775

*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.