Employment After Prison: A Longitudinal Study of Former Prisoners

Finding sustained employment is an important component of the transition from prison to the community for exiting prisoners. Anecdotal reports from former prisoners indicate that most individuals experience great difficulties finding jobs after their release. However, little systematic information is available about the employment experiences of individuals released from prison or the characteristics of former prisoners who are successful in locating employment. Using a causal framework, this paper examines the employment experiences of a multi-state sample of former prisoners, and identifies the individual factors influencing the likelihood of employment after release from prison, using data gathered from interviews with prisoners before and at multiple times after release. Findings indicate that consistent work experience before incarceration, connection to employers before release, and conventional family relationships improve employment outcomes after release. Individuals who relapse to drug use quickly after release, have chronic physical or mental health problems, and are older or nonwhite are employed fewer months after a period of incarceration.     

A Just Measure of Forgiveness: Reforming Occupational Licensing Regulations for Ex-Offenders Using BFOQ Analysis

In the United States, over 600,000 offenders rejoin society annually, though little has been done to facilitate their transition from the prison to the community. Offender reentry into the workplace has emerged as a particular concern, given that many statutes prohibit public employment for ex-offenders and create obstacles to private-sector employment through occupational licensing requirements. These mandates may explicitly reject ex-offenders, or require "good moral character" or job/relationship tests that all but eliminate meaningful employment options. Several states are reconsidering the implications of these prohibitions, but a clear framework for assessing the validity of exclusionary occupational mandates is often lacking. This article proposes that the bona fide occupational qualification (BFOQ) defense found in employment discrimination law provides a helpful framework for guiding these reform efforts.     

Before the next storm: some evidence-based reminders about temporary release

This article offers a long overdue comprehensive review of the literature on the effectiveness of temporary release programs for prisoners. Following an account of how the public and criminal justice workers view temporary release, and against the "nothing works" proposition, it is shown that while in the community, prisoners tend to spend their time constructively and comply with the rules and regulations of temporary release; both home leave and work release schemes can be effective in reducing recidivism rates, and work release in particular may also enhance postrelease employment prospects.     

The perceived employability of ex-prisoners and offenders

A large-scale study was conducted to examine the perceived employability of ex-prisoners and offenders. Four participant groups comprising 596 (50.4%) employers, 234 (19.8%) employment service workers, 176 (14.9%) corrections workers, and 175 (14.8%) prisoners and offenders completed a questionnaire assessing the likelihood of a hypothetical job seeker's both obtaining and maintaining employment; the importance of specific skills and characteristics to employability; and the likelihood that ex-prisoners, offenders, and the general workforce exhibit these skills and characteristics. Apart from people with an intellectual or psychiatric disability, those with a criminal background were rated as being less likely than other disadvantaged groups to obtain and maintain employment. In addition, ex-prisoners were rated as being less likely than offenders and the general workforce to exhibit the skills and characteristics relevant to employability. Implications for the preparation and support of ex-prisoners and offenders into employment are discussed, together with broader community-wide initiatives to promote reintegration.     

呼市越狱案的定性探讨

四名重刑犯杀害监狱警察,从监狱大门越狱脱逃,引起了社会各界的关注。中央领导高度重视,公安部发出通缉令,警方立即展开搜捕行动,并调动了一架小型飞机在空中搜索。经过67小时的搜捕将越狱罪犯捕获。本案非常典型、复杂,在预备、实施既遂、后续逃跑过程中,四名越狱罪犯犯下了累累罪行。笔者认为,以本案脱逃越狱的性质为切入点,立足于本案共同犯罪的整体基础,从脱逃越狱犯罪的整个发展过程来看,本案应该定性为故意杀人罪、组织越狱罪及后续行为构成的诸多罪实行数罪并罚。以此案来审视我国现行《刑法》的相关规定,应设立越狱罪。     

Symptoms of trauma, perceptions of discrimination, and anger: a comparison between Australian indigenous and nonindigenous prisoners

Although the need for the development and provision of culturally appropriate rehabilitation programs for offenders is widely acknowledged, there is a lack of empirical data that can be used as a basis for the development of new programs. This article reports the findings of a comparison of indigenous and nonindigenous male prisoners on a range of measures relevant to the experience of anger by indigenous prisoners in Australia. The results suggest that indigenous participants are more likely to experience symptoms of early trauma, have greater difficulties identifying and describing feelings, and perceive higher levels of discrimination than nonindigenous prisoners. The implications of this work for the development of culturally appropriate and effective anger management programs for indigenous male prisoners are discussed.     

FAMILY CARE COMMITMENT DISCRIMINATION: BRIDGING THE GAP BETWEEN WORK AND FAMILY

This Note discusses the pervasive problem of employment discrimination based on family responsibilities, or family care commitment discrimination. Employees with family care commitments often find themselves being pulled in opposing directions—between work and family. When an employee is forced to choose work, for financial reasons, over family, his or her family ends up suffering. The current state and federal statutes aimed at employment discrimination are insufficient to deal with family care commitment discrimination. This Note proposes a change to the current legislation and explains how this change will protect employees and families, while causing employers to internalize externalities by adopting more family‐friendly policies.     

Preventing discrimination in the automated targeting of job advertisements

On the background of the increasing amount of discriminatory challenges facing artificial intelligence applications, this paper examines the requirements that are needed to comply with European non-discrimination law to prevent discrimination in the automated online job advertising business. This paper explains under which circumstance the automated targeting of job advertisements can amount to direct or indirect discrimination. The paper concludes with technical recommendations to dismantle the dangers of automated job advertising. Various options like influencing the pre-processing of big data and altering the algorithmic models are evaluated. This paper also examines the possibilities of using techniques like data mining and machine learning to actively battle direct and indirect discrimination. The European non-discrimination directives 2000/43/EC, 2000/78/EC, and 2006/54/EC which prohibit direct and indirect discrimination in the field of employment on the grounds of race or ethnic origin, sex, sexual orientation, religious belief, age and disability are used as a legal framework.     

Finding fit: The nature of a successful faculty employment search in criminal justice

While the process of finding employment in academia has always been a daunting task for the job candidate, in recent years, in the criminal justice discipline, the process of finding an acceptable candidate to fill a university vacancy has become an equally formidable problem for the employer. This research addresses this reality from the perspectives of both potential employers and employees. Job candidates applying for a university position in 2005, and universities soliciting for hires in criminal justice during the same time frame were surveyed in relation to a variety of issues surrounding their respective search procedures. The primary goal of the research was to determine what factors were associated with perceptions of a successful job search. Suggestions about “successful” searching are offered.     

DOES IMPRISONMENT ALTER THE LIFE COURSE? EVIDENCE ON CRIME AND EMPLOYMENT FROM A NATURAL EXPERIMENT

Ex‐prisoners consistently manifest high rates of criminal recidivism and unemployment. Existing explanations for these poor outcomes emphasize the stigmatizing effects of imprisonment on prisoners seeking postrelease employment as well as the deleterious effects of imprisonment on prisoners’ attitudes and capabilities. However, these explanations must be distinguished from selection effects in the criminal sentencing process, which also could explain some or all of these poor outcomes. To distinguish between criminogenic and selection explanations for ex‐prisoners’ postrelease experience, I analyze data from a natural experiment in which criminal cases were assigned randomly to judges with sizable sentencing disparities. Using these exogenous sentencing disparities, I produce unbiased estimates of the causal effects of imprisonment on the life course. The results of this analysis suggest that selection effects could be sufficiently large to account for prisoners’ poor postrelease outcomes because judges with large sentencing disparities in their use of imprisonment had similarly high caseload unemployment and criminal recidivism rates.     

Effect of drug treatment during work release on new arrests and incarcerations

Nearly 1,300 drug involved prisoners from the Delaware correctional system were followed for up to five years after release. Those who had participated in a work release therapeutic community treatment program, compared to a similar group in regular work release, were significantly less likely to have had a new arrest, or to have returned to incarceration, and had significantly longer times before arrest or return to custody, even when controlling for demographic differences and differences in criminal, drug use, and employment histories. In addition to the treatment effects, new arrests were most strongly related to criminal history, while return to incarceration was associated more generally with drug use and demographic differences. Those with a more extensive criminal history showed particular benefits from the treatment program, and those older from participating in aftercare following treatment.     

关于新时期社区群众工作方法论创新的思考

做好新时期的社区群众工作,是公安基层基础工作的着力点。但由于受各种主、客因素的影响,各地基层派出所社区民警仍存在着与做好群众工作不相适应的问题。要做好新时期的社区群众工作,方式方法至关重要,因而社区民警必须创新并科学运用社区群众工作方法。同时要在工作实践中坚定群众工作理念,找准自己在社区群众工作中的履职定位,不断提升自身的社区群众工作能力和素质。要加强对社区民警的培训和评聘考核激励,切实健全一套社区群众工作的长效机制。     

Disability, disparate impact, and class actions

Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons with disabilities. Under the Americans with Disabilities Act (ADA), individual employee claims to accommodate specific impairments, such as whether to install ramps or replace computer screens, have all but eclipsed a coherent theory of disability-based disparate impact law. Moreover, the class action device has been virtually nonexistent in disability discrimination employment cases. The absence of collective action has been especially harmful because the realm of the workplace is precisely where group-based remedies are needed most. Specifically, a crucial but overlooked issue in disability integration is the harder-to-reach embedded norms that require job and policy modifications. The Article argues that pandisability theory serves as an analogue to earlier notions of panethnicity and provides an equally compelling heuristic for determining class identity. It shows that pandisability undergirds ADA public service and public accommodation class actions in which individualized remedy assessments have been accepted as part of group-based challenges to social exclusion. The Article also demonstrates that this broader vision of collective action is consistent with the history underlying the class action device. Taking advantage of the relatively blank slate of writing on group-based disability discrimination, it offers an intrepid vision of the ADA's potential for transforming workplace environments. In advocating for a return to an earlier paradigm of collective action in the disability context, the Article also provides some thoughts on challenging race- and sex-based discrimination. Future workplace policies should plan for "all jobs to include some physical activity" unrelated to job qualifications in order to "dissuade unhealthy people from coming to work at Wal-Mart."     

Criminal justice employee rights: An overview

This article provides a comprehensive overview of the legal rights of criminal justice employees. Among the issues discussed are: property interests in employment; due process and other rights in discipline and termination; First Amendment rights; privacy rights; and protections against discrimination and a hostile work environment. The affirmative obligation of the criminal justice agency to take a proactive stance in formulation, implementation, and enforcement of policies is also discussed.     

Ex-offender employment programs and recidivism: A meta-analysis

One consequence of the tremendous growth in the number of persons under supervision of the criminal justice system, whether incarcerated, on parole, or on probation, is the effect of this criminal history on finding and keeping a job. Ex-offenders, especially those recently released from prison, face substantial barriers to many types of legal employment; nonetheless, stable employment is one of the best predictors of post-release success. Thus, policy-makers concerned about high recidivism rates face an obvious need to improve the employment prospects of ex-offenders. Over the last 25 years, many programs that were designed to increase employment (and, by so doing, reduce recidivism) among ex-offenders have been implemented and evaluated. [Wilson, D. B., Gallagher, C. A., Coggeshall, M. B. & MacKenzie, D. L. (1999). Corrections Management Quarterly 3(4), 8–18; Wilson, D. B., Gallagher, C. A. & MacKenzie, D. L. (2000). Journal of Research in Crime and Delinquency 37(4), 347–368] conducted a quantitative synthesis and meta-analysis of 33 evaluations of educational, vocational, and work programs for persons in correctional facilities. To date, however, the evaluation literature on employment programs for those with a criminal record who are not in custody has not been systematically reviewed. This paper presents the results of a quantitative meta-analysis of eight random assignment studies of such programs, using the Campbell Collaboration methodology. The results indicate that this group of community employment programs for ex-offenders did not reduce recidivism; however, the experimental design research on this question is small and does not include some of the promising community employment programs that have emerged in the last decade.     

英国反就业歧视制度及实践研究

英国习惯法并不禁止歧视行为,但随着英国加入各种国际组织及国内平权运动的高涨,在20世纪70年代后,英国对于禁止性别、残疾、年龄等制定了大量的法律。当前英国反就业歧视的法律渊源主要包括:欧盟立法和专门性法律。这些法律中就有关就业歧视的违法行为进行了详尽和周密的规定,包括直接歧视、间接歧视、骚扰和受害等四种歧视形态,禁止在雇佣关系中各个阶段的任何歧视。为了有效地防止就业歧视,英国依据《平等法》成立了人权与平等机会委员会。平等机会委员会在应对英国社会中相对突出的就业歧视问题扮演了重要角色。     

Discriminatory aspects of pre-employment screening: low-back X-ray examinations in the railroad industry.

In screening the majority of job applicants, most of this nation's railroads administer a low-back X-ray examination in an attempt to ascertain the likelihood that the applicant will sustain future work-related low-back pain or injury. Many applicants are rejected for employment on the basis of the X-ray findings. The railroads apparently perceive this screening program as a cost-effective means (1) of decreasing the incidence of compensation claims for work-related injuries, brought against the railroads under the Federal Employers' Liability Act (FELA), (2) of reducing the number of lost workdays resulting from low-back pain or injury, and (3) of protecting particularly susceptible workers from job-related hazards. The authors of this Article submit that low-back X-ray examinations are poor predictors of future low-back pain or injury. They assert that the railroads' use of such examinations misclassifies a substantial number of job applicants as being at increased risk for such pain or injury, and, in consequence, unfairly denies them employment. Furthermore, the authors claim, the screening program has other negative consequences. For example, applicants rejected for railroad employment on the basis of X-ray findings may as a result have difficulty finding jobs in other industries. In addition, they state, there is a potential radiation hazard to examinees. Moreover, both the railroads and those applicants accepted for employment may inappropriately be reassured by normal findings. On balance, the authors conclude, the screening program has a negative social value. The authors suggest that the program, in effect, erraneously labels many applicants as handicapped, and then denies them employment. Such persons might have legal recourse under federal and state statutes prohibiting employment discrimination against the handicapped.     

The Employment of People with Criminal Records in the European Union

This paper summarises a large-scale research project, jointly funded by the European Commission and the Northern Ireland Office, about the legislation, policies, and practices which act against the employment of people with a criminal record in the European Union. The disparity of legal guidance between countries effectively restricts the opportunities for people with a criminal record to work in the country they choose. This paper intends to increase awareness of the policies across Europe which affect the employment of people with a criminal record with a view to addressing the marginalisation of this group and thereby encouraging the re-integration of ex-offenders into society. Details of the work undertaken by a project based in Northern Ireland, 'Coping with Convictions' which endeavours to tackle some of the existing barriers to ex-offender employment are described. In addition, the recent introduction of UK legislation, allowing employers greater access to criminal record information, and the implications this may have for ex-offenders seeking employment are also discussed.     

Assessing the Domestic Violence Training Needs of Benefits Workers

Domestic violence victims often have economic and employment needs that either directly or indirectly stem from their victimization. In their efforts to seek services, victims may turn to benefits workers who are given the task of providing clients with short-term financial help, job training, access to health care, and assistance in obtaining a job. It is not clear whether benefits workers are adequately prepared to help domestic violence victims. In this study, 189 social services workers from the Commonwealth of Virginia were surveyed to assess the training needs of all social services workers. This article focuses on the specific training needs of benefits workers and draws comparisons between benefits workers’ training needs and other workers’ needs. The findings suggest that benefits workers are perceived as knowing less about domestic violence than other social services workers. Implications are discussed. This research was supported by a contract from the Virginia Institute of Social Services Training Activities