Professor Baime, did I read the assignment wrong? Was I not supposed to select an issue from the list above? I felt my selection of criminal and incarceration history would be profound especially because of the different way the US treats those with a criminal background versus those in other country’s both medically and employment. Individuals with a history of incarceration have a major struggle settling back in the society after the imprisonment period. Policies have not been very effective in offering support to these individuals. Even though it is not a protected by under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin, the EEOC revised its …show more content…
protections for people with an incarceration history different from protections in another country? In comparison, U.S and Australia have a different approach to dealing with individuals who have an incarceration history. In Australia, discrimination in employment on the basis of criminal record occurs if because of criminal history, a person is refused a job, dismissed from employment, denied training opportunities, denied promotion, subjected to less favorable working conditions or terms of employment or harassed in the workplace. To avoid discrimination on the basis of the criminal record, an employer can only refuse to employ an individual if their criminal record means that they are unable to perform the 'inherent requirements' of the particular job. But in the U.S., it isn’t that cut and dry. To determine if a company's use of a person's criminal history in making employment decisions to deny employment violates Title VII, the claim must also show it is part of a claim of employment discrimination based on race, color, religion, sex, or national …show more content…
and Australia have similarities in the protection of individuals with a history of incarceration. In both cases, it is evident that the people suffer from similar problems. A criminal record can have a significant impact on a person's employment prospects. In both the U.S. and Australia individuals who have a criminal record often face significant barriers to fully participation in the society. Trying to find a job is one of the areas of greatest difficulty for former convicts. Everyone believes that no matter what a person's criminal record, each person's ability to fulfill that jobs requirement should be assessed on a case-by-case basis to avoid
This obvious job discrimination shows that there are significant negative effects on blacks even after their prison sentence has been served. With less opportunity than whites to enter back into the workforce after incarceration, blacks end up having a higher rate of return to prison (USDOJ, 2008).
In today’s society, discrimination is an issue that is considered to be a thing of the past. In a country with such diversity it is hard to believe that people living in the “land of the free” face issues of racism. This paper will focus specifically on the social problem of mass incarceration of minority groups and how the criminal justice system targets these groups. Although this social problem can be linked to specifically African Americans, the impacts of mass incarceration can be felt by almost everyone. I have chosen three articles that focus on how the criminal justice system is masking mass imprisonment a major problem in minority communities.
Alexander’s main premises focuses on the large majority of African American men imprisoned today, as she reflects on the direct result of it that “young black men today may be just as likely to suffer discrimination in employment, housing, public benefits. And jury service as a black man in the Jim Crow era- discrimination that is perfectly legal, because it is based on one’s criminal record.” (Alexander, 181) Alexander points out not only how a significant portion of black men are ending up in prison, but how when released they face discrimination because of their criminal record making them unable to rehabilitate their lives and putting them back into the ghetto. Discrimination is a main factor which puts people of color in the penal system, and a main factor which when getting out keeps them from changing their lifestyle for the better.
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.
Besides, assisting the ex-offenders in becoming competitive is equally important to make them productive to their employers if given equal opportunities. The program in Kentucky aims at making the employer understand their situation while getting back to the society. Thus, it assists them psychologically and through other means to prepare to face new challenges. Besides, some of the counties and cities that note the devastating effect of not employing the ex-convicts remove the criminal records from a job application. The reform commonly has the name ‘ban the box’ that aim at reducing discrimination of qualified ex-convicts while applying for jobs (Entin, 2015). The use of ban the box is beneficial especially in the early stages of the hiring process when employers do not know their potential employees
Second, mass incarceration impacts society by aleinating the convict and his or her family in numerous ways. For example, Professor Gottschauk argues that mass incarceration negatively impacts the convict and the family unit in the following four areas: (1) Disturbance of free and fair elections; (2) Loss of the promise of the American dream; (3) Forfeiture of pensions, disability benefits, and veerans’ benefits; and (4) Failure to achieve future job potential in
In the life of previously incarcerated African Americans includes the involvement with old forms of discrimination such as: “employment discrimination, housing discrimination, denial of the right to vote, denial of educational opportunity, denial of food stamps, and other public benefits, and exclusion from jury service---suddenly are legal” (Alexander, 24). It is obvious that race plays a pivotal role in mass incarceration. African American ex-prisoners have a lower chance or not even a chance at all to obtain a job in comparison of a citizen who has proper education and experience. The opportunity of equal education as a prisoner compared to someone outside of prison, is nearly impossible. Due to the lack of education fundings in the prison system, prisoners can not receive the proper knowledge needed when released. Thus, leading to problems obtaining a job. Along with the refusal from landlords to accept or rather consider the chance of renting out housing to those previously incarcerated. Within public benefits, those who are incarcerated can no longer receive most public benefits which included but not limited to: social security, federal financial aid, food stamps, and healthcare. “As a ‘criminal’ you have scarcely more rights, and arguably less respect, than a black man living in Alabama at the height of Jim Crow” (Alexander, 24). Meaning a black man living in
This poses dilemmas as for employment breaks. Another disadvantage that comes to play is the initiative filling out the form of employment (The application). On that application for employment; reads a box that states criminal history, arrests previous to applying, also asks
The United States (US) incarcerates its citizens at the highest rate in the world, 707 US citizens per 100,000 are incarcerated, a rate 5 -10 times higher than other western democracies (National Research Council, 2014). From the 1930s to the 1970s the number of incarcerated citizens in the US remained relatively stable, 161 citizens per 100,00 were incarcerated in 1972 (Hindelang, 1977). However since the 1970s the population of America’s prison system has increased by 700% (ACLU, 2011), and there are now currently over 2.2 million incarcerated Americans. Because of this rapid increase to an unprecedented level US incarceration levels have been widely discussed across academic literature. Not only are current US incarceration levels internationally unique and unprecedented, they are unique and unprecedented within the history of the US itself. This makes the US incarceration levels best suited to a single case analysis, as there is a high level of internal historical change to compare across. It is widely accepted that the rise in US incarceration levels are due to ‘the war on drugs’ - tough on crime law enforcement strategies introduced in the 1970s to combat illegal drug activity. However, there are differing theories as to how these historic policies continue to impact incarceration levels today. In this essay I will argue that the war on drugs is one of many mechanisms employed to continually discriminate against the black minority in America. I will analyse
This essay mainly focuses on examining the consequences of the mass incarceration period on the black families as I wrote in my proposition. I choose ta-nehisi Coates’ article “The Black Family in the Age of Mass Incarceration” because it has a relatively longer content and a bunch of ideas available to do forwarding and countering compared to two colorblindness pieces. When I wrote my essay, I took the race problem into a large fraction especially in my first reason paragraph. I really like the point Coates made about unequal opportunity of seeking jobs, so I decided to push his piece forward. I analyzed how the racial discrimination affected the African Americans with a criminal record and what kind of impacts would be brought by a criminal
While some critics regard parole as an early release option that puts the public at unnecessary risk, there are others that argue that parole allows the re-integration of offenders into the community and provides better prospects for their rehabilitation. There are however, several questions that need to be answered in order to figure out which of these two arguments makes more sense. This includes, how is parole defined and described in the academic field? What are the pros and cons of using parole as an early release option? How do we determine if parole is over or under-used in Australia?
Incarceration rates are a definite proof that racial discrimination occurs. “Incarceration rates in the United States have risen sharply since 1980”, stated Filip Spagnoli, “the racial distribution of inmates in the U.S. is highly negative for black Americans. Whereas they only make up 12% of the total U.S. population, they represent more than 40% of inmates”
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,
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
As ex-offenders are being released into communities every year, career interventions are needed to address the special needs of this population. Research has shown a relationship between an individual’s status in the workforce and the likelihood of recidivism. As employment satisfaction is also related to mental and physical health, having a job is essential in order to keep communities safe and to prevent recidivism.