Brigham Young University Prelaw Review
Keywords
BFOQ Laws, Correctional Facilities, EEOC (Equal Employment Opportunity Commission), Employment, Employment Discrimination, Incarceration, Jails, Prisons, Recidivism, Second Chance Act, Second-Chance Legislation, The Fair Chance to Compete for Jobs Act, Title VII of the Civil Rights Act of 1964, "Ban the Box" Legislation
Abstract
The United States has one of the highest incarceration and recidivism rates globally. This is largely attributed to the fact that a large number of employers reserve the right to not hire those with a criminal record. To combat this, cities and states have enacted “Ban the Box” legislation which prohibits employers from inquiring about criminal history before the interview round. However, with this decision being left up to local and state officials, marginalized individuals are left open to employment discrimination. This paper explores how federal protection, like “Ban the Box” laws, must be implemented to avoid recidivism and reimprisonment.
BYU ScholarsArchive Citation
Paligo, Ella
(2024)
"The Legality of Second Chances: Employment for the Formerly Incarcerated,"
Brigham Young University Prelaw Review: Vol. 38, Article 11.
Available at:
https://scholarsarchive.byu.edu/byuplr/vol38/iss1/11