The Use of Criminal Record in Employment Decisions: The Rights of Ex-Offenders, Employers and the Public
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics 47 (3):237 - 252 (2003)
The evidence suggests that employers discriminate against ex-offenders in the labour market. The problem is potentially serious as it involves a substantial proportion of the population, especially the male population. Since research has shown that most people with prior convictions stop offending by their late 20s or early 30s, the validity of selection based on criminal record remains questionable. This paper examines the need for legal protection of ex-offenders by limiting employers' access to, and use of, information on criminal background. The rights and interests of the various parties involved, employers, ex-offenders, and the general public, are discussed. Approaches to the legal protection of ex-offenders in Australia are reviewed and legislative changes proposed.
|Keywords||discrimination employees employers ex-offenders rights|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Susan Dimock (2011). What Are Intoxicated Offenders Responsible For? The “Intoxication Defense” Re-Examined. Criminal Law and Philosophy 5 (1):1-20.
Peter K. Westen (2007). Why Criminal Harms Matter: Plato's Abiding Insight in the Laws. [REVIEW] Criminal Law and Philosophy 1 (3):307-326.
Robert Panzarella (1988). Book Review/Dangerous Offenders and Endangered Justice. [REVIEW] Criminal Justice Ethics 7 (1):81-83.
Leslie Pickering Francis & John G. Francis (2012). Criminalizing Health-Related Behaviors Dangerous to Others? Disease Transmission, Transmission-Facilitation, and the Importance of Trust. Criminal Law and Philosophy 6 (1):47-63.
David Shaw, Karyn McCluskey, Will Linden & Christine Goodall (2012). Reducing the Harmful Effects of Alcohol Misuse: The Ethics of Sobriety Testing in Criminal Justice. Journal of Medical Ethics 38 (11):669-671.
James Edwards (2011). Coming Clean About the Criminal Law. Criminal Law and Philosophy 5 (3):315-332.
D. Shaw, K. McCluskey, W. Linden & C. Goodall (2012). Reducing the Harmful Effects of Alcohol Misuse: The Ethics of Sobriety Testing in Criminal Justice. Journal of Medical Ethics 38 (11):669-671.
L. R. (2001). The Disenfranchisement of Felons. Law and Philosophy 20 (6):553-580.
Shelley Ross Saxer, Banishment of Sex Offenders: Individual Liberties, National Rights and the Dormant Commerce Clause, Environmental Justice, and Alternatives.
Daniel Z. Korman (2003). The Failure of Trust-Based Retributivism. Law and Philosophy 22 (6):561-575.
Jesper Ryberg (2005). Retributivism and Multiple Offending. Res Publica 11 (3):213-233.
Miriam Gur-Arye (2012). Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. [REVIEW] Criminal Law and Philosophy 6 (2):187-205.
Peter Chau (2012). Duff on the Legitimacy of Punishment of Socially Deprived Offenders. Criminal Law and Philosophy 6 (2):247-254.
Zachary Hoskins (2011). ''Deterrent Punishment and Respect for Persons''. Ohio State Journal of Criminal Law 8 (2):369-384.
Added to index2011-05-29
Total downloads7 ( #203,926 of 1,413,337 )
Recent downloads (6 months)1 ( #154,079 of 1,413,337 )
How can I increase my downloads?