History of Employment Discrimination of Ex-Convicts

Main

Hawker v. New York

1898

Hawker was convicted under a New York statute criminalizing the practice of medicine after conviction of a felony

Schware v. Board of Bar Examiner

1957

stricter standard of review for employment cases

Title V, section 504, of the Labor Management Reporting and Disclosure Act

1959

probation against certain persons holding office (ex-convicts)

Manpower Development and Training Act

1962

provided unemployed ex-offenders with skills to that allowed them to succeed in labor market

Title VII of Civil Rights Act

1964

allowed discrimination against ex-convicts as they are not protected under this act and may be justified by business necessity

Equal Opportunity Employment Commission

1965

provides employment opportunity equality

Upshaw v. McNamara

1970

felon's exclusion from police work, reasoning that a person who has committed a felony may lack the "self-control or honesty" necessary for the position

Comprehensive Employment Training Act

1973

funded public serve employment programs

Evans v. Morsell

1978

no duty to find out if employee has a criminal record

Kindem v. City of Alameda

1980

struck down across-the-board ban on municipal employment of ex-felons

Transitional Aid to Released Prisoners

1980

provides released prisoners with unemployment insurance to aid transition from incarceration to work

Schanuel v. Anderson

1982

persons who have committed serious crimes in the past have demonstrated a "'greater potential for abuse' of rights and privileges

Ponticas v. K.M.S. Investments, lnc.

1983

Verdict of negligent hiring

Darks v. City of Cincinnati

1984

denial of a license to operate a dance hall to a two-time felon

Cramer V. Housing Opportunities Commission

1985

can conduct criminal record investigation if employee poses risk of harm in work

County of Milwaukee v. LIRC

1987

an elements test was the proper way to get to "the circumstances which foster criminal activity

Island City Flying Service v. General Electric Credit Corp

1991

must be a close connection between the past criminal record and the conduct at issue for the employer to be found negligent

Office of Correctional Job Training and Placement

1994

work programming for ex-convicts

Operation TOPSTEP in Georgia

2000

parole officer's performance is measured in relation to the program's goal of ex-offender employment

Yehoah v. Snapple, Inc.

2001

employer is expected to evaluate tbe risk posed in a
particular case using the circumstances of the crime