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Pennsylvania Court Strikes Down Law Banning Employment Due To Criminal Record

Jon Allison

Jon Allison’s Monday Blog

Last week, just before the New Year, the Commonwealth Court in Pennsylvania found unconstitutional a law that banned those convicted of crimes from ever working at nursing homes or long-term-care facilities. The Older Adults Protective Services Act specifically prevented anyone who had been convicted of any crime, no matter how long ago, from ever being employed full-time at a nursing home or long-term-care facility. The Court unanimously ruled that the law violated the due process rights of law abiding citizens who had been in trouble in many cases several decades earlier. Plaintiffs in the lawsuit had convictions between 15 and 35 years prior for drug possession, writing bad checks, disorderly conduct, assault and theft. All of them had clean records since their convictions. Many had, in addition to being prevented from finding work, been fired from multiple jobs due to their criminal records.  Find more information in this NPR article.

 

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