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  1. #1
    Join Date
    Oct 2006
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    22

    Default Discrimination in Ohio Due To Felony Conviction

    I have a friend who pleaded guilty over 15 years ago to Gross Sexual Impostion. To make a long story short he was 19 years old and the girl was 15. This was in the state of Ohio. He has since graduated from college with numerous degrees, but has been not hired for at least six postions because of this coming up on background checks. He didn't qualify for an expungement, but did apply for a pardon. He received 15 letters of recommendation, a letter supporting his pardon from the girl, and a favorable recommendation from the Parole Board.

    The girl even stated that the whole incident was blown way out of proportion, and she was not allowed to say anything to the police, and her parents pressured the prosecutor to pursue charges.

    The problem is is that the prosecutor opposed the pardon, and he was denied clemency by the governor. The man cannot get a break. He is highly educated, a professional, and due to one unfortunate incident that happened over 15 years ago they are penalizing him for life. He had letters of recommendation, a favorable letter from the girl, and the parole board gave him a favorable recommendation. Where is the justice??

    My question is this: Is this a violation of his civil rights? He can't find a decent job because of this. Where are the second chances here? He has never been in trouble since that one incident, and never was in trouble prior to that date. He has since started his own business because he can't do anything else to make a living. He is not even a sexual predator or anything like that. He is catagorized by this when it comes up on background checks. No employer will give him a chance. He was hired by these companies, and then when he was honest and told them about the situation, the HR departments would not go throught with the hiring.

    Is there anything he can do about this?? It seems as if murderers, robbers, etc., get more rights than he does. Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Discrimination in Ohio due to felony conviction

    No, this is not a violation of his civil rights. He is not entitled by law to a job.

    His mistake was in not telling them about this incident until after he was hired. He's not being refused employment because of the conviction; he's being refused employment for falsifying his application. A lie of omission is still a lie.

  3. #3
    panther10758 Guest

    Default Re: Discrimination in Ohio due to felony conviction

    Most application have a discalimer or statement that allows them (company) to terminate you for any false info or lack of on application

  4. #4
    Join Date
    Oct 2006
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    22

    Default Re: Discrimination in Ohio due to felony conviction

    He has already tried when he applied to put that he was convicted of a felony over 15 years ago. He recieved the jobs from the hiring manager, but when it came time to actually go through with the hiring process, he was denied by HR. My question I guess, is he is damned if he does, or damned if he doesn't admit he committed a felony. Do you have any advice on what he should do to recieve a job opportunity. I mean his case is over 15 years old, and he shouldn't be judged from one stupid mistake over a decade ago. Thank you.

  5. #5
    Join Date
    Oct 2006
    Posts
    1

    Default Re: Discrimination in Ohio due to felony conviction

    Please excuse them but they are wrong!! There are laws that protect people with blemishes in their background from being discriminated against by employers. First, go to eeoc.gov and do a search for convictions. Also, see the disabilites act of 1974. I would recommend that your friend try doing other research on google and yahoo about felon employment laws. Furhtermore, write your congressman about the rules on felon employment and how one incident can screw up your entire life. This way, maybe you can help to get some of these cruel and criminal punishments dismissed!

  6. #6
    panther10758 Guest

    Default Re: Discrimination in Ohio due to felony conviction

    Where an "ex" felon may need to work I on other am not required to hire him! Who do you want bagging your groceries and helping youout to parking lot? A convicted Sex Offender or someone with no Felony record!? It may seem unfair but buisnesses dont hire felons for their own protection and their customers!

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Discrimination in Ohio due to felony conviction

    nellyg;62933]Please excuse them but they are wrong!! There are laws that protect people with blemishes in their background from being discriminated against by employers.
    Why don't you link us up with a few of those laws.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Discrimination in Ohio due to felony conviction

    A couple of states do have laws which offer significant protections against discrimination on the basis of criminal records; but they're very much in the minority.

  9. #9
    Join Date
    Oct 2006
    Posts
    22

    Default Re: Discrimination in Ohio due to felony conviction

    Thanks for your help.

  10. #10
    Join Date
    Jan 2007
    Posts
    8

    Default Re: Discrimination in Ohio due to felony conviction

    "The federal Equal Employment Opportunity Commission has long considered unlawful any general employer policy of turning away persons convicted or charged with serious crimes. "Because it disproportionately excludes members of certain groups from being hired, it can be looked at as discrimination", the commission’s Kelly Goode told a Knight-Ridder reporter in 1995."

    Here is a quote from an online source I found, looking for more because I am in this position, I have been a carpenter for 15 yrs, got arrested helping a stranger who was getting beat up and I got a charge of assault, now I have been turned down for a job in the construction industry for being a felon!!! There is a Federal law that prohibits discrimination due to convictions unless it pertains to the job itself...example: chesters cannot work for daycares etc.
    If your buddy is applying for a job that has nothing to do with children it warrants more investigation....as for those that dont hire felons you are missing out in some cases, others though you may be right, you cant just look at papers you have to look at the person, as for lying on an application, it's not a good idea, it gives the employer a quick way to get rid of you legaly.

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