Felons a protected class?

[RichardR]

*shrug* if I was a landlord I'd rent to whomever I wanted & deny whomever I wanted for what ever reason I wanted.

It's none of the government's business who I would or wouldn't intrust to live in a house that I owned.

Same if I was a business owner, I'd hire or fire whomever I wanted for whatever reason(s) I wanted, if some suit tries to interfere in my affairs I'd undoubtedly make his personal affairs my business, turn about is fair play IMHO.

 

[NYFelon]

this can't work. My job requires .gov security clearance which a felon can't have. so we have to run background checks and are not able to hire felons.

this isn't exactly true. The Smith Amendment (10 USC 986) is subject to appeal. True it is unlikely that waivers will be issued on appeal, but the process exists for a person previously convicted of a crime punishable by a term of imprisonment of more than one year exists. I've done extensive research into this topic, for obvious reasons. Here's a list of cases as of 2002 in which security clearances were granted or renewed to persons with convictions:

00-0432, Dec. 14, 2001, John G. Metz, Jr., A.J.
00-0547, Dec. 18, 2001, John R. Erck, A.J.

01-02183, Dec. 26, 2001, Robert Gales, A.J.

01-03490, May 28, 2002, John G. Metz, Jr., A.J.

01-05323, April 22, 2002, William R. Kearney, A.J.

01-06337, April 16, 2002, Claude R. Heiny, A.J.

01-06749, Dec. 26, 2001, Elizabeth M. Machinski, A.J.

01-07981, May 8, 2002, Joseph Testan, A.J.

01-08339, April 22, 2002, John G. Metz, Jr., A.J.

01-16871, Jan. 24, 2002, Roger C. Wesley, A.J.

01-17235, Feb. 5, 2002, Kathryn Moen Braeman, A.J.

01-17850, Dec. 18, 2001, Jerome H. Silber, A.J.

01-17851, Mar. 11, 2002, Kathryn Moen Braeman, A.J.

01-17852, Feb. 28, 2002, Joseph Testan, A.J.

01-18069, May 8, 2002, John R. Erck, A.J.

01-21172, Feb. 14, 2002, Elizabeth M. Matchinski, A.J.

01-22951, Oct. 23, 2002, Paul J. Mason, A.J.

01-26026, Oct. 2, 2002, John G. Metz, Jr., A.J.

02-04949, Oct. 23, 2002, John R. Erck, A.J.

02-05451, Aug. 20, 2002, John R. Erck, A.J.

A truncated list of reasons of mitigation with which waivers may be issued:

The mitigating conditions for GUIDELINE J - Criminal Conduct are:
The criminal behavior was not recent;

The crime was an isolated incident;

The person was pressured or coerced into committing the act and those pressures are no longer present in that person's life;

The person did not voluntarily commit the act and/or the factors leading to the violation are not likely to recur;

Acquittal; and

There is clear evidence of successful rehabilitation.
There is also an annual report issued detailing issuance or denials of security clearances, and the reasons therefore. I'm looking for it right now, and will post a link when I find it.

BACK ON TOPIC: I don't think the government should force private businesses nor property owners to employ persons they normally would not based on that persons' character/behavior. However, I think that a person who has previously been convicted of a felony, but has successfully rehabilitated themselves (years and years of law abiding behavior, employment history, upstanding citizenship) should have access to a mechanism with which to clear their names.

 

[45fan]

In todays economy, everyone has a more difficult time finding employment. Sure, there are some crimes that shouldnt rate the felony charge that it comes with, but there are still many crimes that are committed every day that do warrant the felony charges that come with them.
If a person doesnt want to struggle with life after prison, dont commit the crime.
A friend of mine was incarcerated for some felony crimes that he committed as a young man. When he was released, he struggled to find a job, but he did find one. It was a miserable job, but he took care of himself. Fifteen years later, he has overcome most of the issues that people encounter with a felony record, not by whining about it, but from working his butt off, and accepting the consequences for his life choices.

 

[joslar15]

The rate of recidivism is highest within first three years of release. A study of prisoners released in 1994 showed that 67% committed at least one serious new crime within three years. Bureau of Justice Statistics Press Release: Recidivism of Prisoners Released in 1994

How long after release must a man continue to "pay his debt to society?"

 

[joemich1911]

But an employer should have the right to know if they are criminals or not. It's not the government's (state or otherwise) place to say "well, we released a couple thousand criminals you are no longer able to check on. I hope your employees and customers enjoy working with felons, because you won't know if they are until they're hired, if ever!"

I think someone is only a felon once they are caught, anyone can commit a crime not just ex felons. With that being said I think it is the employers right to know exactly who they are hiring, but remember that anyone can become a felon at anytime not just felons.