To all of those potential employers who discriminate againt felons
Posted in the Washington DC Forum
#1 Jun 11, 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. Atty 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.
Here are examples of why the law needs to be changed so that class D felons can get their record expunged.
Here is an example of what employers have said about hiring felons.
QUOTE: Given the choice of two candidates to hire. Let's say that everything else being equal...why would I hire one with a criminal record, if the other does not have one?
QUOTE: Why should I assume any more risk than I already do in running my business? Any more cost or even potential cost? With all the other crap regulations, with all the other uncertainty in the market place, and the everyday crap that comes up running a business...not to mention, it's an employers market, I get to pick the cream of the crop for any positions that open up.
QUOTE: I totally agree with this post. Owning a business in this economy takes some king kong size balls. The last thing an employer needs to worry with is an employee who will steal from him or yell "discrimination" when they are terminated for the very reasons they were locked up in the first place.
Quote: when a person marked that spot (Have you ever been convicted of a felony) in the application they just hung there self.
Quote: 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
#2 Jun 11, 2013
Currently, there is no such thing as felony expungement in the state of Kentucky. So if you received a felony in the past, you are stuck with it for life. Even if you have gone to college and received a Bachelors degree. Even if you have had your Civil Rights restored by the Governor, you will still be destined to have crappy jobs, if you can find one at all. You are considered a Liability so no one will even consider you for a position. You will be turned down for housing, etc. The law needs to be changed. Whats the incentive to better ones self if your condemned for life for a mistake you made years ago? Class D felonies are just a step above a Misdemeanor, yet the result is the same as if you were a Murderer or Sex offender when it comes to getting a job.
There should be a law, that people who have Class D felonies and who have shown to be good citizens can have their felony expunged after 10 years. If you have jumped through the hoops, and have done what you were supposed to do, and you have turned your life around, then you should be able to get a chance at a normal life. It is my understanding that, the majority of Common Wealth of Kentucky Attorneys would pose little Resistance to such a law.
Even if the Governor gives you a Pardon, which only means that the Governor forgives you, the felony is still on your record for all to see and judge.
Tennessee Has passed a similar law, this site gives some details of that law. http://gadd.kc.vanderbilt.edu/tennesseeworks/ ...
#3 Jun 11, 2013
Now is the interim period between regular sessions for the Senate Judiciary Committee. They are the Committee that passes Laws in the State of Kentucky. They will hold meetings once a month to discuss what will be addressed in the November regular session. I encourage you to contact the Senate Judiciary members and encourage them to vote on and pass HB 47. 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 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 persons family is hungry, and they cant get housing or jobs, that person may do something that they would never dream of doing had circumstances be 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 cant 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 47.
#7 Jun 16, 2013
Here is a new link that should work. Seems that something happend to the last one. http://www.lrc.ky.gov/Committee/interim%20joi...
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