To all of those potential employers who discriminate against felons
Posted in the Los Angeles Forum
#1 Dec 22, 2013
To all of the potential employers who discriminate against felons who are qualified for the job. Here is the anti-discrimination statute for Kentucky. You can't legally discriminate against someone qualified for the job. And who meets said requirements for the position.
III. Nondiscrimination in Licensing and Employment:
Margaret Colgate Love, Relief from the Collateral Consequences of a Criminal Conviction, March 2007
Public Employment and Licensing: See Ky. Rev. Stat. Ann.§§ 335B.020-.070. Under §
335B.020(1),“no person shall be disqualified from public employment, or from ... any
occupation for which a license is required, solely because of a prior conviction of a
crime, unless the crime for which convicted is [a felony or misdemeanor punishable by
imprisonment] or otherwise directly relates to the position of employment sought or the
occupation for which the license is sought.” In determining if a conviction “directly
relates” to the position of public employment sought or the occupation for which the
license is sought,“the hiring or licensing authority shall consider:
(a) The nature and seriousness of the crime for which the individual was
(b) The relationship of the crime to the purposes of regulating the position of
public employment sought or the occupation for which the license is sought;
(c) The relationship of the crime to the ability, capacity, and fitness required to
perform the duties and discharge the responsibilities of the position of
employment or occupation.”§ 335B.020(2).
Also, under Ky. Rev. Stat. Ann.§ 335B.020(3),“Nothing in KRS 335B.020 to 335B.070
shall be construed so as to limit the power of the hiring or licensing authority to
determine that an individual shall be entitled to public employment or a license regardless
of that individual's conviction if the hiring or licensing authority determines that the
individual has been successfully rehabilitated.”
See Op. Att’y Gen. 80-388 (1980): Conviction of a felony is not an absolute bar to an
occupational license. Ky. Rev. Stat. Ann. Ch. 335B supersedes all other statutes and
regulations as to licensing convicted persons. The licensing board should consider if an applicant has been rehabilitated.
#2 Dec 22, 2013
I encourage you to contact the Kentucky Senate Judiciary members and encourage them to vote on and pass HB 64. The law that will allow non-violent felons who have proven to be good citizens over a period of 10 years, to get their Class D felonies expunged, so that they can get on with their lives and become productive citizens. This will allow them to get jobs and become productive citizens, not a burden on the system and others. No matter what your standpoint is on this topic there is something that you have to consider. The recidivism rate for felony offenders is high. That is in part due to the fact that those felons who would otherwise be productive citizens cannot find jobs and support themselves or their families. Giving low risk felons a chance at a new beginning, is a good incentive for felons not to re-offend, because they know that if they do well during the 10 year period, they will have a chance at a good life. When people are pushed into a corner and they are out of options, they may do things that they would not normally do.
For example: if a person’s family is hungry, and they can’t get housing or jobs, that person may do something that they would never dream of doing had circumstances been different. It may be a bad choice, but between the choice of going hungry, being homeless and broke, and not being employable or eligible for state or government help, that person may have very limited choices to survive. They may take the point of view for example “ What am I supposed to do, I can’t eat, I have no way to pay rent, I have no way to feed my family, I am not employable, I have 2 options, break the law to get money or lay down and DIE.” Most likely they are not going to lie down and die. So then the cycle continues. A person, who made 1 mistake years ago, has now graduated up to more serious crimes, which will probably evolve into a persistent felony offender. We can break a big part of this cycle by convincing the Senate Judiciary Committee to vote on and pass HB 64 making it a law in the state of Kentucky.
This thread is in several Topix here in Kentucky, this is a link to one of the best. http://www.topix.com/forum/louisville/TS77I0K...
This started with HB 47 which passed the House of Representatives here in Kentucky but did not get voted on by the KY Senate Judiciary Committee. This new bill is a revision of that bill that has changes to it like “all NON-VIOLENT class D felons” as compared to a blanket Class D felony expungement that would include violent felons also. You can read more about this on the links I have added. But please contact our House of Representatives and Kentucky Senate Judiciary Committee members and tell them its time for a change. If you have the same types of situations in your state, you should follow suit and try to get this situation changed.
#3 Dec 23, 2013
Well, it looks like the link has been changed to the Kentucky Senate Judiciary Committee. Too much web traffic I guess. Here is the new one.
#4 Dec 23, 2013
Lots of people push education for felons. A college degree will get you nowhere if you are a felon. Non-Felons with degrees are having a hard time finding jobs. I'm a felon, 3.9 GPA, Deans list, Bachelors Degree, Etc, and can't pass a background check, or make it into an interview if I mark FELON on the application. Plus, I'm overqualified for McDonald's types of jobs, so no luck there either. Also, you can’t make a “living wage” working as a hamburger slinger at Mc Ds. Maybe if you were a manager you could. So, you are going to have to have better job opportunities just to be able to survive. Some may say “Start your own business and be SELF EMPLOYED”. Well, in order to be self employed, you have to have “MONEY” to start a business, Wither it be a brick and mortar business or Just a Landscaper who mows. Business and tools, and mowers, and insurance, and operating costs all cost MONEY. So where is a person who can't get a job supposed to get that money? Banks only give loans to those who don't need them. For example, those who have a lot of collateral to back up the loan. So, how is this felon supposed to fund this business? I guess he could try to do one BIG SCORE / Illegal Activity and then go legit. Of course that would mean that he / she would have to Rob, Steal, Burglarize, Deal drugs, commit fraud, or something worse to get that money to go legit. But hey, He/she just funded “going into business for themselves” the only way they could. Do you want to be the one that they have to rob to go Legit? I believe I would just pass the law so that the felon could earn A chance at a better life.
#7 Dec 24, 2013
Felons should be kept in prison and put to death at age 60 to keep making room for the others. That way we don't have to ponder over laws that give them rights that they should have lost and employees and descent folks wouldn't have to worry about working and living around them. http://www.topix.com/forum/city/hopkinsville-...
#8 Dec 25, 2013
I think that any rehabilitation training that felons receive upon release should be directed toward a trade rather than college. The reason I say this is, Even if they do get a college degree, no one will hire them. Another reason is, if they do complete college, and find that there are no jobs to be had, because of their felony, they cannot get government funding after receiving a bachelors degree. Yes they can take out Stafford Loans that must be repaid, but as for the BOG and FASFA Grants, you are not eligible. No one is after their Bachelors degree. Those Stafford loans would not even cover 1 class in some schools, forget books. Without government funding they will not be able to attend a trade school, because they have to have money to get into that school and pay for classes, books, gear, etc. If it was a drug charge or assault charge they received, the school may not take them anyway.
People always say that education is the way to rehabilitate felons, well, if you owe $40,000 to a university and can't find a job to pay it back, how did that degree help them?
Really the same applies to students coming out of High school. I see a lot of students who graduate from college with bachelor’s degrees, Business, Criminal Justice, Teaching Certificates, etc, and they have to take unskilled labor jobs, working right beside people with GEDs. That's pretty much a waste of 4 years and lots of money. While people with skilled trades in areas where there is a demand are making lots of money. Much more than college graduates in lots of cases. If you have students graduating every semester from a university, and they stay in that area, the job market is saturated; even employers who don't discriminate against felons can choose who do I want to work for me, the one with the 3.0 grade point average or the one with the 4.0 GPA? So they can pick from the cream of the crop. But, if it was the felon who had the highest GPA, and the most education and training, and was best qualified for the job, they would be kicked to the curb because of that felony. Just to be on equal ground, you have a clean record, or you will not be hired.
#9 Dec 25, 2013
I just wanted to say I was happy to read this because I'm a felon and I want to be a College Math Professor. I've always worried about not being hired due my charge which I was actually the victim of and it was turned around to make me the criminal. I was charged a year and a half after it happened, I fought it another year and a half, and then I couldn't afford the trial for 5 grand all at once. I told the judge I was innocent and I couldn't afford a lawyer for trial. He dismissed me from court. I was never given an attorney and they used my children's Survivor Benefits as my income even though I am not allowed to use it for myself. Only for them. My actual income was only 1000 a month, I had 3 girls at the time, and one on the way. I ended up pleading guilty after 2 lawyers, a private investigator, and getting a worse deal than I would have if I just didn't fight the case. I was/am innocent of the crime so I had to fight it on principle. My battle was lost. I'm almost off probation now, 18 more days, but now I've been violated 2 times in the last 2 weeks for using facebook and associating with a friend who is a felon. I am freaking out, and I don't understand why they can use things that aren't illegal to others, to condemn me. I was on facebook only to notify people of my daughters' father's death, and to locate his father whom I had never met until after my ex's death. I told my p.o. and bam, violated. Then I have my friend who I've known for 3 years and he helps me with my girls so I can go to school while my boyfriend travels all the time, and he's the only friend I actually have it seems, and when my p.o. found out he was helping me and on probation, violation number 2. I have 18 days left after being on probation for almost 5 years. Now I'm just getting violated all over the place for dumb things. Sorry, I guess I just needed to vent. Everyone just remember, felons are people too, and just because someone makes a mistake, it should not haunt them the rest of their life in all aspects of life. Do not judge, until you've been there. Just because you get away with your crimes such as underage drinking, smoking illegal drugs, etc, don't think you're any different. Most people have broken a law at some point, and even if you think it's small, it doesn't make you right or any more of a person. A good person is one with compassion and empathy. Not one who is judgmental. You can't judge someone off of one bad decision in their life. If you do, then you're just plain ignorant.
#10 Dec 25, 2013
My son, was a convicted felon, he served his time., came home, he had an interview at a very promising job, the interviewer, seem to really want to hire him, then he asked my son to tell him something about himself, in which he thought that he should be honest and told him that he had just been released from Arkansas Dept. of Corrections and bam; The interview was over. He was very disappointed, so was I. I really think that it is wrong that they will not hire a person that has been convicted, even if he has done his time. I’m praying everyday that this won’t affect his thinking, these young men that come home from prison most have been rehabilitated and no one wants to give them a chance to try and better themselves, most of the time they end up going right back to prison because we won’t allow them a chance.
#11 Dec 25, 2013
The laws may say that an employer cannot discriminate against a potential employee based on a felony..........The truth of the matter is though, you will be discriminated against. Why would an employer choose a felon when they can hire someone who is not a felon? There are less legal issues, if a situation arises, and the person involved is not a felon. The person, who is not a felon may be in trouble, but the company cannot be held liable for knowingly hiring a felon. There have been managers who have stated quote ' I will hire someone else, anybody else, before I hire a felon! The reason managers may give you for not hiring you may be many. Anything that will allow them to deny you employment legally. The true underlying issue is that you are a felon, a liability, We will not take a chance on you. If we don't hire you we don't have to worry about you, or how our customers will react knowing that we hired you. In management we can choose which college students we want. Do we want to hire the one with the 4.0 grade point average, or the one with the 3.9 grade point average? Why would management want to hire a felon when they have so many other choices? Which brings us to the end of our interview. Sorry, but we have decided to go with someone else who meets our needs or is more qualified. I didn't even have to say, you didn't get the job because you are a felon. "Even if, you were the best person for the job and I liked you over the other applicants". Good luck to you and I'm sure you'll find something more in the line of what you're looking for with some other company. Thanks for coming in anyway.
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