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Q: Discrimination against Felons. ( Answered,   3 Comments )
Question  
Subject: Discrimination against Felons.
Category: Reference, Education and News > Job and Careers
Asked by: perseous-ga
List Price: $7.50
Posted: 18 Apr 2003 15:53 PDT
Expires: 18 May 2003 15:53 PDT
Question ID: 192452
In the state of Michigan, I was wandering if there was a law against
the discrimination of people with a non-violent felony.
Answer  
Subject: Re: Discrimination against Felons.
Answered By: serenata-ga on 18 Apr 2003 17:42 PDT
 
Hello Perseous ...

Please remember that the answers and comments provided on Google
Answers are general information and are not intended to substitute for
informed legal advice; however, the following information is
available.

Yours is an interesting question. In a nutshell, the answer is "No,
there is no law against discriminating against people with a
nonviolent felony conviction." While it is not legal to ask about a
person's arrest record, it is, however, perfectly legal to ask about
felony convictions, and there is no law against refusing to hire a
person based on a felony conviction.

With the above caveat, I was able to find some information for you.

** Employment: Asking About Arrest Record **

It is not legal, pursuant to Michigan’s Elliott-Larsen Civil Rights
Act, to inquire as to an individual's arrest record, unless the
employer is a law enforcement agency.
  - http://www.employer-resource.com/faq.htm


*** Michigan's Civil Rights Statutes ***

Michigan's clear-cut civil rights statutes are discussed on The
Insitute of Continuing Legal Education's Website, discusses the
prohibition of discrimination, "including discharge, against any
employee or applicant for employment on the basis of race, color,
religion, national origin, age, sex (including pregnancy), height,
weight or marital status. MCL 37.2202(1); MSA 3.548(202)(1)."

And covers discrimination against persons with disabilities, as well

  - See: http://www.icle.org/sections/labor/faq/disc_mi.htm


*** Discrimination Against Persons With Felony Convictions ***

As you can see, there is no mention or prohibition of discriminating
against a person with a prior felony conviction (violent or
nonviolent).

Indeed, a search of the Michigan Department of Civil Rights produces
no returns at all on the terms "conviction", "felon" and the like,
while they offer numerous information packets for employers and
employees on the issues of discrimination.

  - http://www.michigan.gov/mdcr/0,1607,7-138-4954---S,00.html


It is apparent that those convicted of a felony are not afforded
protection against discrimination on the basis of their convictions.
Indeed, they often lose some of the basic civil rights others who
don't have a felony conviction do enjoy. Justice Fellowship cites a
New York Times article about sanctions against convicted felons,
including the following:

"Many sanctions on criminals are not spelled out at sentencing and
don't even begin until the sentence is served. For instance,
ex-convicts are barred from public housing and prohibited from
receiving welfare or food stamps for life. Those convicted of drug
felonies are barred from receiving federal student loans, and can't
get certain jobs in plumbing, education, and other fields. Felons lose
the right to vote for life in some states ..."

  - http://www.justicefellowship.org/JusticeFellowship/ChannelRoot/FeaturesGroup/Justice+eReport+Vol+2+No+1.htm


*** Further Information ***

The Flint Public Library offers resources for employment law and
discrimination on its Website. There is a great deal of information
about equal rights and discrimination; however, there is nothing that
prohibits discrimination against those with a felony conviction.

  - http://www.flint.lib.mi.us/fpl/resources/law/employment.html


*** Search terms used ***

 - Michigan employment law
 - Michigan + discrimination
 - Michigan rights + felony conviction
 - Michigan civil rights
 - Michigan rights: felons


Michigan is one of the states at the forefront of civil rights
legislation. With a lack of prohibition based on prior convictions, it
could be surmised that these laws won't be changed soon.

I trust this answered your question,
Serenata
Comments  
Subject: Re: Discrimination against Felons.
From: neilzero-ga on 19 Apr 2003 10:00 PDT
 
I think society has a right to protect themselves from people who are
likely to commit serious crimes in the future. The needs of the many
are more important than the needs of the few = the ex-felons.   Neil
Subject: Re: Discrimination against Felons.
From: zumbi50-ga on 21 Jul 2003 17:04 PDT
 
For one thing, the criminal justice system in the US is profoundly
compromised, producing not only the highest incarcertation rate in the
world, along with egregious racial disparities at every stage from
arrest to indictment to plea bargaining to conviction to sentencing to
time served.  African Americans are one eighth the US population and
just under half its prisoners and parolees.  There is no possible
excuse for aside from the workings of plain and ordinary institutional
racsim.  If blind justice and imartial enforcement of the law are not
even polite fictions any more, it is doubly unjust to stigmatize for
life those who are its victims far out of all proportion to their
percentage of the population, or even of drug users and other alleged
criminals.
Subject: Re: Discrimination against Felons.
From: nextdoorneighbor-ga on 12 Sep 2003 22:51 PDT
 
It's OK in this country to deny employment, just like it's OK for
inmates to be raped and murdered. If you support the Justice system
like a brainwashed German in 1939, then you my friend have blood on
your own hands.

Dont whine about crime when you are contributing to the problem by
creating an entire class of unemployable people. Your own employment
policies give no choice but a dishonest life as a means of survival.
America - you have done this to yourself.

Crime is just as much Neil's fault as it is that of the so-called
offender. Employment discrimination as we see it today is nothing less
than vigilantism, targeted economic assasinations of people who have
served their sentences by cutting them off from an honest means of
gainful employment.

2,000,000 + people in prison today, more than any other nation on
Earth, should give some indication that somehting is definately broken
here.

This country must love crime. All our policies seem to promote it so
well. Enjoy !

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