ARREST AND CONVICTION RECORDS, HISTORY OF DRUG USAGE, AND RELATED IMPEDIMENTS TO EMPLOYMENT - ISSUES IN THE CREDENTIALING OF DRUG ABUSE WORKERS

• NCJ Number: 58133
• Journal: Journal of Alcohol and Drug Education Volume: 21 Issue: 1 Dated: (FALL 1975) Pages: 39-55
• Author(s): S S STEINBERG; E A CONFREY; A L BATISTA
• Date Published: 1975
• Length: 16 pages
• Contract Number(s): ADM-45-74-158
• Sponsoring Agency: US Dept of Health, Education, and Welfare
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

FACTORS THAT MAY IMPEDE THE EMPLOYMENT OF PERSONS WITH A HISTORY OF DRUG ABUSE ARE CONSIDERED, WITH ATTENTION GIVEN TO THE REHABILITATION AND POTENTIAL RECIDIVISM OF EX-OFFENDERS.

Abstract

THE ISSUE OF EMPLOYMENT RESTRICTIONS ON EX-OFFENDERS HAS AN IMPORTANT BEARING ON THE CREDENTIALING OF DRUG ABUSE TREATMENT AND REHABILITATION WORKERS. FACTORS INHIBITING EMPLOYMENT, MOBILITY, LICENSING, AND CERTIFICATION FOR THESE WORKERS INCLUDE DISCLOSURE OF PREVIOUS DRUG USAGE, ARREST RECORDS (WITH OR WITHOUT CONVICTION), CONVICTIONS (SOME FOR JUVENILE OFFENSES), INAPPROPRIATE EMPHASIS ON FORMAL EDUCATION REQUIREMENTS, AND RELIANCE ON SOPHISTICATED EMPLOYMENT TESTS. PERSISTENT EMPLOYMENT PATTERNS AMONG EX-OFFENDERS THAT HAVE EMERGED REFLECT DISCRIMINATION, THE VIOLATION OF CIVIL RIGHTS, ALIENATION, THE COUNTERVAILING OF REHABILITATIVE EFFORTS, AND THE REINFORCEMENT OF RECIDIVISM. THE U.S. CIVIL SERVICE SYSTEM EMPHASIZES THE CONCEPT OF SUITABILITY FOR A JOB AND ENCOURAGES HIRING AGENCIES TO CONSIDER SUCH FACTORS AS THE NATURE AND SERIOUSNESS OF THE OFFENSE, CIRCUMSTANCES UNDER WHICH THE OFFENSE OCCURRED, HOW LONG AGO THE OFFENSE OCCURRED, THE AGE OF THE PERSON WHEN THE OFFENSE WAS COMMITTED, WHETHER THE OFFENSE WAS AN ISOLATED OR REPEATED VIOLATION, SOCIAL CONDITIONS, ANY EVIDENCE OF REHABILITATION, AND THE POSITION FOR WHICH THE PERSON IS APPLYING. FEDERAL PERSONNEL REGULATIONS, HOWEVER, HAVE NOT CHANGED WITH RESPECT TO PERSONS CONVICTED OF TREASON, BRIBERY OF GOVERNMENT OFFICIALS, AND VIOLATIONS OF CERTAIN OTHER STATUTES AND PROFESSIONAL THIEVES, PERSONS ASSOCIATED WITH ORGANIZED CRIME, AND PERSONS WHO GIVE NO EVIDENCE OF STABILITY OR PARTICIPATION IN THE REHABILITATIVE PROCESS. STATE AND LOCAL MERIT SYSTEMS GENERALLY FOLLOW PATTERNS ESTABLISHED AT THE FEDERAL LEVEL. SOME COURT DECISIONS HAVE MADE IT CLEAR THAT EMPLOYERS CAN BE ENJOINED FROM USING ARREST OR CONVICTION RECORDS TO BAR EMPLOYMENT. RESOURCES AVAILABLE TO USE WHEN QUESTIONS OF EMPLOYMENT FOR EX-OFFENDERS ARISE ARE DETAILED, INCLUDING THAT FROM THE CIVIL SERVICE COMMISSION, THE DEPARTMENT OF LABOR, AND THE AMERICAN BAR ASSOCIATION. THE SIGNIFICANCE OF P.L. 92-255 IN THE DISCLOSURE OF CONFIDENTIAL INFORMATION ABOUT PRIOR DRUG USAGE IS EXAMINED. FOOTNOTES ARE INCLUDED. (DEP)