Tag: New York

Monster and other job sites sued for excluding people with convictions

A New York City chapter of the NAACP filed a class action suit last month against a number of employers and prominent online job sites, claiming that job listings explicitly barring applicants with felony convictions violate city and state law. Industry giants Monster, Indeed, and ZipRecruiter are among the defendants. Accompanying the complaint are listings from those sites that seek IT engineers and administrators, exterminators, and couriers, all of which make it clear that those with felony convictions (and in one case even arrests) need not apply. The suit was brought under the New York City Human Rights Law, which provides a means of enforcing employment discrimination prohibitions in Article 23-A of New York State law. Article 23-A forbids employers from rejecting applicants because of their criminal convictions without first affording them an individualized assessment (unless employment is barred by law).

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New federal expungement filing raises stakes for DOJ

Not surprisingly, in the wake of U.S. District Judge John Gleeson’s extraordinary May 21 expungement order in Doe v. U.S., another petition asking for the same relief has now been filed with Judge Gleeson.  Also not surprisingly, since this new petition was filed by one of Ms. Doe’s co-defendants, the underlying facts in this second petition are similar. The second Jane Doe was a more culpable participant in the insurance fraud scheme, and was sentenced to 15 months in prison instead of probation.*  However, she has remained law-abiding since her release more than a decade ago, and like the first Jane Doe she has had a very difficult time getting or keeping a job because of her conviction.  It seems unlikely that the difference in the second Jane Doe’s role in the offense will make a difference in the way the court disposes of her petition. Judge Gleeson has asked the government to show cause why the new petition should not be granted, which should guarantee that it gets attention at the highest levels of the Justice Department.  Argument has been set for September 18.  If there were any doubt about whether the government will prosecute its appeal of the first expungement order, it has probably […]

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Why shouldn’t everybody with a felony conviction be allowed to vote?

The editors of the New York Times are critical of Maryland Governor Larry Hogan’s recent veto of a law that would have allowed anyone with a felony conviction to vote if they are living in the free community.  See “A Bad Voting Ban,” June 1, 2015.  Maryland’s law now disenfranchises anyone convicted of a “felony and . . . actually serving a court-ordered sentence of imprisonment, including any term of parole or probation, for the conviction.” The Times editorial points out that Maryland changed its law to restore voting rights automatically upon completion of sentence in 2007, and that disenfranchisement based upon conviction is generally a punitive relic of slavery. So if felony disenfranchisement laws are punitive relics, why should they be applied to anyone, even people who are still in prison?   The logic of the Times editors’ position would seem to support voting by prisoners, as happens in Vermont and Maine and in many parts of Europe.  An argument against voting by prisoners based on disenfranchisement as an integral part of court-imposed punishment would apply equally to probationers and parolees. The notion that prisoners no longer have a connection to their communities is a self-fulfilling prophecy that runs […]

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The real experts in criminal justice reform

The following piece by CCRC board member Glenn Martin first appeared on May 18 in the blog of the National Council on Crime and Delinquency For me, exiting a New York state prison in 2000 after serving six years was a rebirth. As a lifelong New Yorker, born and raised in Brooklyn’s Bedford-Stuyvesant neighborhood, my mission started to crystallize. I wanted to be a voice for the countless intelligent, earnest, and genuinely good people that I was leaving behind. Reflecting on the 2.3 million people in US prisons and jails and another 5.6 million under correctional supervision—mostly young black and brown men and women—I kept asking myself, “If prison is where we send bad people who do bad things, where do we send good people who do bad things?” I was first bound by handcuffs in 1995, and though I haven’t known their debilitating grip for years, the hypocrisy and destructiveness of our criminal justice system has remained with me ever since.

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Forgiving v. forgetting: A new redemption tool

The following thought-provoking piece about the growing popularity of judicial “certificates of good conduct” was first published in The Marshall Project (www.themarshallproject.org) a nonprofit news organization focused on the US criminal justice system. The “forgiving” approach to avoiding or mitigating collateral consequences is an important alternative to the “forgetting” approach advocated by proponents of expungement or sealing, which tend in any event to be limited to minor dated offenses or arrests not resulting in conviction.         Forgiving v. Forgetting:  For offenders seeking a new life, a new redemption tool. In February of 2003, a much younger Barack Obama rose before the Illinois State Senate to introduce a new piece of legislation that, he said, contained a compromise. The bill would help job-seekers who had long ago been convicted of a nonviolent crime (or two, at most) overcome the barriers to employment that came with having a criminal history. But the bill would do so without expunging their records. Instead, Obama’s bill would create a final, years-later stage on the timeline of these ex-offenders’ cases. They had already completed the stages of arrest, booking, indictment, plea bargaining or trial, sentencing, incarceration and/or probation. Now, ex-felons who had stayed crime-free for a […]

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