NCJ Number
58591
Date Published
1978
Length
30 pages
Annotation
THIS BROCHURE CONTAINS INFORMATION AND RECOMMENDATIONS TO HELP OFFENDERS IDENTIFY AND COPE WITH BARRIERS TO EMPLOYMENT AND TO MINIMIZE THE RELUCTANCE OF EMPLOYERS IN HIRING, PROMOTING, OR RETAINING EX-OFFENDERS.
Abstract
PREPARED BY PROJECT ADVOCATE, FUNDED BY THE U.S. DEPARTMENT OF LABOR AND SPONSORED BY THE AMERICAN BAR ASSOCIATION TO PROVIDE COUNSELING AND CIVIL LEGAL ASSISTANCE TO OFFENDERS AND EX-OFFENDERS, THE BROCHURE NOTES THAT ARTIFICIAL BARRIERS TO EMPLOYMENT CAN ARISE IN THREE SEPARATE WAYS: AN EMPLOYER MAY REFUSE TO HIRE OR PROMOTE OFFENDERS AND MAY DISCHARGE EMPLOYEES WHO BECOME OFFENDERS; OFFENDERS MAY SEEK EMPLOYMENT BENEATH THEIR SKILL AND EDUCATIONAL LEVELS DUE TO THE BELIEF THAT UNDEREMPLOYMENT IS THE ONLY WAY TO AVOID EMPLOYER DISCRIMINATION; AND THIRD PARTIES SUCH AS GOVERNMENT LICENSING AGENCIES AND PRIVATE SECTOR BONDING COMPANIES MAY LIMIT AN EMPLOYER'S FREEDOM TO HIRE OFFENDERS. THESE ARTIFICIAL BARRIERS EXIST IN RESPONSE TO EMPLOYER BELIEFS THAT HIRING OFFENDERS IS MORE COSTLY THAN HIRING NONOFFENDERS, THAT OFFENDERS ARE MORALLY UNWORTHY OF EMPLOYMENT, OR THAT PAST PRACTICES OF PRECEDESSORS AND/OR PEERS SHOULD BE IMITATED. STRATEGIES TO OVERCOME BARRIERS SHOULD BE PREDICATED ON DISCOVERING AND COUNTERING THE MOTIVATION OF INDIVIDUAL EMPLOYERS. RELEVANT LEGAL SOURCES REGULATING EMPLOYMENT BARRIERS INCLUDE FEDERAL AND STATE CONSTITUTIONAL PROVISIONS GUARANTEEING DUE PROCESS OF LAW AND EQUAL PROTECTION UNDER LAW, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, STATE EQUAL EMPLOYMENT AND HUMAN RELATIONS LAWS FORBIDDING DISCRIMINATION BASED ON RACE OR SEX, FEDERAL AND STATE LAWS PROHIBITING EMPLOYMENT DISCRIMINATION BASED ON ACTUAL OR PRESUMED MENTAL OR PHYSICAL HANDICAP, AND STATE LAWS FORBIDDING EMPLOYMENT DISCRIMINATION AGAINST OFFENDERS (HAWAII, NEW YORK, WISCONSIN, AND MASSACHUSETTS). EMPLOYMENT ASSISTANCE IS EXAMINED IN TERMS OF PLACEMENT, SELLING AN EMPLOYER, PREPARING A CLIENT, AND SERVING THE WHOLE CLIENT. THE NEED FOR SUPPORT SERVICES, INCLUDING DAY CARE, TRANSPORTATION, AID IN OBTAINING PUBLIC ASSISTANCE OR VETERANS' BENEFITS, MEDICAL AND REHABILITATIVE SERVICES, ADDICTION TREATMENT, FINANCIAL, COUNSELING, EMERGENCY FINANCIAL AID, AND LEISURE TIME PLANNING, IS DISCUSSED. INFORMATION ON RELEVANT CONSTITUTIONAL AMENDMENTS IS CONTAINED IN APPENDIXES. A BIBLIOGRAPHY IS PROVIDED. (DEP)