http://www.freep.com/article/20091223/BLOG2505/91223025/1322/Wal-Mart-shouldnt-turn-convictions-into-life-sentences-Jeff Garrett
POSTED DECEMBER 23, 2009 - 2:42 P.M.
Wal-Mart shouldn't turn convictions into life sentences
Felonies carry lacerating lifetime penalities for nearly 1.3 million people in Michigan. You read that right. One in every six adults in Michigan has a felony record, according to Michigan State Police records. When companies like Wal-Mart in Pittsfield Township exclude hiring any of them — no matter what or how old the conviction is — it sends the wrong message to the rest of society. Lifetime restrictions on employment make bad social policy and shortsighted business practice. They also raise serious legal questions, as the American Civil Liberties Union of Michigan noted this week.
In a Dec. 22 letter to Wal-Mart, the ACLU rightly expressed concern about reports that Wal-Mart’s new store in Pittsfield Township was automatically excluding any applicant with a felony from the selection process. “The blanket exclusion of ex-felons from employment without regard to qualifications or the possibility of rehabilitation punishes individuals who have already done their time and are trying to become productive members of society,’’ said ACLU of Michigan staff attorney Jessie Rossman. “We cannot afford to turn a past felony conviction into a life sentence of unemployment and poverty. Everyone benefits when ex-offenders are given the tools to succeed upon release.’’
It’s easier to get jammed up in the system than most people think. I recently wrote about a Detroiter and retired auto worker who was barred from nursing school, despite being an honor student, because of an almost decade-old case in which he caught a felony firearms conviction, following a routine traffic stop, for having his legally registered gun in a duffel bag on the back seat of his car. He was coming back from a shooting range.
Helping ex-offenders re-enter society is the official policy of the state of Michigan. Prisoner re-entry efforts have had bi-partisan support around the country, including from the former administration of George W. Bush. With 600,000 people a year coming out of the nation’s prisons, including more than 12,000 a year in Michigan, giving people a second chance is not only fair — it’s essential to public safety.
As the ACLU notes, prohibiting all applicants with a felony conviction from obtaining a job also violates federal anti-discrimination law. Such policies have a disparate impact on African Americans. No one is saying that there are not legitimate reasons for not hiring people with felony convictions. But a blanket ban is unfair, unreasonable and discriminatory.
Nearly two years ago, the city of Battle Creek enacted an ordinance prohibiting most city vendors from excluding all people with felony records from the hiring process. The ordinance sent an important message that felony convictions shouldn’t mean a life sentence. Private employers like Wal-Mart should follow that city’s example, especially during a season when the idea of redemption has a special meaning for millions of Americans.