The Illinois legislature has been generally progressive in enacting measures to help people with a criminal record avoid being stigmatized for life. In 2003, as a state senator, President Obama sponsored one of the earliest of these measures, authorizing courts to grant certificates relieving collateral consequences. In 2011, however, Illinois took several steps backwards when it enacted legislation automatically barring some criminal record holders from ever working in a variety of licensed health care fields. The law has since become the subject of litigation and further legislation that leaves many would-be medical licensees to face an uncertain future.
What follows is a description of the law’s enactment, subsequent court challenges, and potential legislative fixes.
A few days ago we received the following communique from Sharon Dietrich of Community Legal Services of Philadelphia, announcing a major litigation victory that will be welcome news across the country. On December 30 a unanimous 7-judge appeals court struck down the provisions of the Pennsylvania Older Americans Protective Services Act barring employment of people with criminal records in long-term health care facilities such as nursing homes and home health care agencies. The provisions declared unconstitutional on due process grounds law include lifetime employment bans for offenses as minor as misdemeanor theft, which Sharon notes “prevented many Pennsylvanians with criminal records from working in that entire burgeoning field.” The decision in Peake v. Commonwealth is here, and NPR’s report on the decision is here.
An effective NPR piece tells the story of Tyrone Peake, a Pennsylvania man whose 1981 conviction for attempted theft barred him from employment as a caregiver in a nursing home, despite training and certification that qualified him for the job. The state law making people with a felony record absolutely ineligible for employment in any health care facility in the state was was held unconstitutional by the Pennsylvania Supreme Court 15 years ago on equal protection grounds. However, it remains on the books and enforced despite repeated rulings by lower courts invalidating it in particular cases. Now another lawsuit has been filed, with Mr. Peake as one of the plaintiffs, that seeks to put an end to this broad and unfair collateral sanction once and for all. The lawsuit is described in the following article from the website of Community Legal Services of Philadelphia, one of the law’s challengers. Read more