How To Avoid Blanket Exclusions

One of the main barriers that inmates face when they are released from prison is limited cognitive skills, limited education and work experience, and substance abuse or other mental health problems. Substance abuse and other mental health problems limit employability because it limits the job readiness that is required for employment (Holzer, Raphael & Stoll, 2003). Another issue that is faced when inmates are released into society is that any skills that they did have prior to conviction has diminished greatly and they face lower pay due to their diminished or lack of skills, and the attitudes that have been developed during their time in prison deeply affects their attitude during their search for employment. Offenders also face another barrier when searching for employment. Many businesses can be held legally liable for any criminal action that their employees may cause (Holzer, Raphael & Stoll, 2003). These barriers that offenders face upon release is why solid solutions and planning must be implemented when considering the integration of ex-felons into society and preparation for reentry must begin well before the scheduled release date in order to successfully reintegrate an inmate into society and reduce the rate of recidivism.

One of the primary problems in Kentucky is the unemployment rate of people with criminal backgrounds that caused the use of 'ban the box’ by employers in all but one city in Kentucky and among many other states. Former inmates often face restrictions in different situations that may include housing, voting and employment (Hoskins, 2014). The problem does not affect only those people in Kentucky, but also other states in the United States and even in other countries. The majority of the employers show reluctance to absorb people who have criminal records. Some of the studies show that more than half of the employers will discriminate an individual due to their incarceration records (NIJ, 2013). Even in a situation that they find employment,

1538). If a federal law were to be enacted it should follow the guidelines that Weissert (2016) advocates. Instead of allowing employers to ask about criminal history in the interview stage the employers should have to wait until a conditional offer of employment has been made (Weissert, 2016, p. 1552). The employer should consider the nature of the crime, the time elapsed since conviction, and the positon the applicant is applying for (Weissert, 2016, p. 1552). Discriminating on the basis of criminal history increased the rates of recidivism and has a greater impact on Afircan American and Hispanic males (Weissert, 2016, p. 1531). Ban the Box might not be the solution for the issue of discriminating on the basis of an applicant’s criminal history, but it is a step in the right

In today’s world, we treat criminals and offenders that are out of prison in a similar manner to how people were treated in the Jim Crow era. One example of the new Jim Crow Era is Sonya Jennings. Sonya is a felon as well as an African American mother. She was given an eight years probation after being arrested for possession of narcotics. Since Sonya is now tagged as a felon, she does not have the right to vote, she cannot receive public welfare, and she faces job discrimination (Alexander). The Jim Crow system has been planned in America today, legalizing discrimination for people with past criminal activity’s and records (Alexander).

Finding a job in today's labor force is difficult for those who have been incarcerated in their past. This issue must be addressed in the near future because it affects a significant portion of society. Those affected by this disfunction in the job market are at a great disadvantage. They have a much lower likelihood of finding a job because employers see a criminal background, but do not notice any of their redeeming actions. This is a big problem for ex-felons because they are unable to be employed after their release from correctional facilities. Their inability to find a job deprives them of a constant income in which they need to support themselves. This not only affects the ex-felon but his or her family as well leading to an increase

But the people that do not have that opportunity are offered little help in finding somewhere to live. Employment is also an issue faced. Many places do not want to hire someone that has been in prison before. Also, the level of education that the person has is a contributing factor to employers saying no to ex-prisoners. Often times background checks are initiated with the application process of a job and when someone tells them that they have been convicted of a crime the employer is a little more hesitant on hiring this person. But on the other end, only about 62 percent of potential employers would not consider hiring ex-inamtes, only 32 percent reported using background checks on a consistent basis. 38 percent of the potential employers would consider hiring ex-inmates (Police Operations).

In the United States more than two million people are incarcerated and seven million are under correctional supervision. There are 13 million adults that have been convicted of a felony and 47 million American have something on their record. Having a felony has attained a newfound relevance in the United States (King, 2006) . In many states begin a felon come with obstacles both informal and formal in the lives of people with a felony convicted. In the midst of the growing civil right movement, the augmented by racially disparate law enforcement and corrections policies the word “felon” is commonly linked to the African American community. Having a felony conviction limited housing, employment and educational opportunities. The barriers that of begin a felon limited the accessing to opportunities that is available to the general population (King, 2006).

This process can be viewed as a double edged sword as the applicant if given the opportunity to explain his plight, may be able to convince the employer that they are the person for the job in spite of the past record. Or, the delay in the disclosure may cost the employer in time and resources upon disclosure to seek other applicants if the applicant is disqualified for the charges. As Doleac and Hansen state regarding the inability of employers to determine up front if the applicant has a criminal history, the employer defaults to statistics which “eliminate groups that they think, on average, are more likely to have a recent conviction” (How Ban The Box Backfires,

Employers need to think before judging a qualified candidate for a position based solely on their past mistakes and felonies- but unfortunately many employers do. This also causes added negativity and stress not only on the ex-convict, but on the community as well. Negativity, not only affects the person it is directed at, but it affects people that the felon is around. This kind of treatment will develop the idea that anyone who makes a mistake will not be able to obtain employment. “The effect on the community also would become relevant, as we focus on the role that the person has played in the family, in the neighborhood, and at work” (Bill Ong Hing 2). Employers need to take into account that the applicant may have been rehabilitated and made up for their past mistakes both physically and emotionally. “By reinstating discretion to give such individuals a second chance, the positive benefits that such individuals bring to the community would be as salient” (Hing 2). As Hing states, it is imperative for the felon and his/her community if employers would genuinely give second chances and also the positivity created by this would illuminate the area. Numerous people believe that employers who discriminate against felons must not be supported. Andrus believes “Corporations who do not hire ex-felons based on their criminal records only,

The criminal background of the offender possibilities of obtaining employment because many employers are not willing to hired ex-convicts. According to the authors “A survey of 3,000 employers in four major metropolitan areas revealed that two-thirds would not knowingly hire an ex-prisoner” (Abadinsky, 2015, p.182). The effects of the criminal record are crucial to the offender’s involvement in crime. The lack of employment is directed to poor financial stability and reinvolvement in crime. Statistics demonstrate the employers negative view on the criminal record “The results showed that there was a reduction of 50 per cent in the

Conster your discussion response has covered lawsuits and the protected class known as “Disparate treatment of protected classes”. In light, of the actual difficulties that these protected classes face there are many things set within our society that stack the deck against these individuals. One of the most current issues that malign them is the proliferation of the conviction question on applications that ask prospective applicants if they have ever been convicted of a felony. Because of this most delicate of questions many applicants are automatically eliminated from high paying jobs. In the article, “Race, Employment, and Crime: The Shifting Landscape of Disparate Impact Discrimination Based on Criminal Convictions.” The authors explain

Historically, individuals with criminal records have faced a tough uphill battle when trying to break the cycle of crime by getting a job. The lack of ability to get gainful, legal employment leads to a high rate of recidivism. With no effective path forward, they end up committing crime to survive, leading to more arrests, more jail time and a general downward spiral in life.

Having a criminal background of any sort hampers your ability to get a job quite a bit. Many employers look at criminal histories to filter out applicants they don’t believe will fit. They have the legal right to deny you a job if they feel the gravity of the crime or the length of time since it happened doesn’t suit their liking. Some jobs cannot be given to those with a criminal background.

New York State needs to pass statewide legislation, so that all communities, not just a few cities, can benefit from this policy. I am proposing that the law would replicate the New York City Fair Chance Act (Intro 318), one of the strongest Ban the Box policies nationwide, requiring private and public sector employers to delay any inquiry about criminal record history until after a conditional job offer. The legislation should state that if, after receiving information regarding the applicant’s record, the employer no longer chooses to employ the applicant, the employer must explain why and provide a copy of the record. The position is then held open for three days, so the employer and applicant can engage in an interactive discussion, considering

Those who are attempting to gain employment in entry level jobs even with the most minor crimes have witnessed some type of discrimination. Uggen (2014) Studied men of all races apply for around three hundred entry level job. Each of the men had disorderly conduct on their records but where never found guilty. Compared to the control group, those who had the disorderly conduct on their record, had a twenty five percent less rate of getting a call back from the job that they were applying for. This article proves that there is discrimination among those who have criminal backgrounds, even if they have not been proven guilty. American law is based on the idea of innocent until proven guilty, but not everyone share that same belief (Uggen,