Employment

Can Employers Discriminate Against Sex Offenders? (posted 9/19/11):

A new Reuters/Findlaw.com article questions whether employers can refuse to hire or fire someone just because of his or her status as a sex offender.

A review of most states’ laws led the author to believe that an employer must cite an unreasonable risk posed to his/her employees and/or customers before denying/ending a sex offender’s employment, and cautions employers to learn more about the facts of the sex offender’s past crime(s) before making the decision.

That being said, the author then questions whether any male sex offender should be allowed to work with a female employee, especially if there are some job tasks that are not performed in public or under someone’s supervision. She also seems to suggest that any employer could refuse to hire or fire a sex offender if his or her job entails access to children or other vulnerable persons.

If an employer is supposed to conduct a factual analysis of the offender’s circumstances and his or her job responsibilities, how could an employer have a straight-line rule barring a sex offender’s “access” to children? Not all those labeled as sex offenders have offended against children.

It is my current understanding that sex offenders have no constitutional right against employment discrimination based on their status as sex offenders (other than a rational basis inquiry that most courts would be satisfied with finding under almost any scenario).

That leaves a sex offender’s employment rights up to the individual state’s laws, which most would agree are either nonexistent or unenforced at best.

Many would argue that sex offenders should be “screened” for his or her employment opportunities. Yet some of those same individuals would also complain if they knew they were paying unemployment or other social services for sex offenders who are out of work. How can we (as a society) expect sex offenders to become productive, law-abiding members of society when we are allowing/authorizing employers to ban sex offenders from most jobs? What’s the solution?

For more information about legal representation of those charged with sex crimes, please visit: http://katherinegodinlaw.com/areas-of-law/sex-crimes/

or

http://www.masexcrimesdefense.com

Katherine E. Godin, Esq.

The Law Office of Katherine Godin, Inc.

615 Jefferson Blvd.

Warwick, RI 02886

Phone: (401) 274-2423

Fax: (401) 489-7580

Email: kg@katherinegodinlaw.com

Website: http://www.katherinegodinlaw.com