by Shawn Dawson

Created on: February 19, 2009

The epidemic of employment among ex felons is growing by leaps and bounds. Society has taken on the attitude of "lock 'em up and throw away the key". This kind of mentality can not continue.

Many state have adopted the all-to-familiar mentality of being "Correctional Institutions" with rehabilitative programs designed to reintegrate incarcerated individuals beck into society. Though the theory of this mentality is a step in the right direction, the design of the programs is wrong. Teaching someone a trade does not give that individual an opportunity of employment. Education does not give that individual an opportunity of employment. The mentality of society must change as well.

In a study of Los Angeles employers, 40% stated that they would never hire an ex felon. Many potential employers have adopted this "blanket" policy. Their belief is that hiring an ex felon increases their possibility of being sued by the general public for lack-luster hiring procedures, thus putting the general public at risk. This thought process is flawed.

Many studies have been conducted regarding criminal history and the ability to perform work-related tasks. The findings are all the same. There is no direct correlation between a criminal background and the ability to perform work related tasks.

The Equal Employment Opportunity Commission (EEOC) has had many discussions regarding employment discrimination against ex felons. There are no laws to protect ex felons under Title VII of the Civil Rights Act. Ex felons are not part of the protected class. This gives employers the right to discriminate against ex felons. They can only seek legal protection IF they can prove that their denial of employment was due to their criminal record in direct correlation to one of the protected classes. For example, and ex felon can seek legal action if their criminal history ties into their race, age, creed, religious belief, or sexual orientation. This is quite difficult to do.

A friend of mine is an ex felon. He went on numerous interviews and was told the same thing...he had all of the skills and qualifications to perform the job. When he inquired about the position after his interviews, all of the conversations ended with "Sorry, we have eliminated the position" or "we hired someone else with more qualifications". Only once did a potential employer state that he was denied emloyment due to his criminal record. Unfortunately, he could not seek legal recourse because the evidence was word-of-mouth, which was inadmissable in court.

We need to change EEOC regulations and laws to include the following:

1) To require that all current and future regulations regarding the disqualification of ex felons for employment to include a waiver/appeal process, thus allowing the ex felon the chance to present rehabilitation efforts, challenge inaccuracies in their criminal record, and present concrete facts to dismiss their disqualification.

2) To incorporate guidelines that include an appropriate time limit on disqualifications from employment due to criminal histories.

3) 1st time offenders should have the opportunity to have their record sealed or expunged upon successful release from prison or parole. This will instill the "2nd chance" attitude that all living beings deserve.

Ex offenders have the unalienable right to life, liberty and the pursuit of hapiness. They have the right to practice religious beliefs. They have the right to fredom of speech. They do not have the right to gainful employemnt in order to take care of themselves and their families. This is a grave injustice that needs to be changed now.

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