Legal Discrimination – is it fair?

Jan 31, 2018 by

Church of England Newspaper – February 2 .

Conviction history remains one of the few, if not only area where employers can legally but not morally discriminate against applicants when recruiting. This has a negative impact on employment rates amongst ex-offenders and causes not only problems for the individual, but also families, employers and society as a whole.

It is estimated that over 80% of people leaving prison will be on some form of benefit during the first year, roughly 170,000 people a year and rising.

One of the major causes of re-offending is lack of employment, which brings social and economic problems. It is no surprise that so many feel totally dejected and rejected, when most wish to re-build their lives and once again become members of society.

In the last weeks before leaving prison you are constantly told “You have paid your debt to society, you are now a free man.so get on with your life”. A more honest statement should be, the next part of your sentence is about to begin. You will not see the bars, but they are there. You will be judged and discriminated by all manner of society, both of the system, the public and from areas that you do not expect.

Society wants its pound of flesh. Many will go back inside, that is a sad but it happens for many reasons. The majority want to put it all behind them. This is not a call for special treatment or anything like that. It is about being treated fairly, not being held captive by their past, not having their past used as an obstacle and an excuse/reason for the constant judging and rejection.

So why is it so hard?

In very simple terms there are two main reasons, Fear and Attitude.

Attitude comes from all the areas you would expect, the justice system, the public, press and media, employers, church(sadly),and many of those charged with helping ex-offenders back into society. Despite all the words and ideals, the general perception is not to trust,  just to judge. Is that fair?

Fear is a big one. The system is totally focused on being risk averse, which in certain cases is justified. But it is not the purpose of prison to re-habilitate and allow you to go back into the real world. The fear of bad press should not be the first thought.

Fear grips the politicians who govern the system. Many, not all, will not support openly being perceived as soft on prisons or ex-offenders because they fear a backlash and not being re-elected.

Again most, not all, employers fear a hostile public. If they are found actively to employ ex-offenders, it could seriously damage their public image and bottom line. They are also reluctant to have any policy on this issue in case it is made public knowledge.

Ex-offenders are eight times more likely to be unemployed. This growing number needs to be addressed. Re-offending is costing, when it is all added up, in excess of £ 11 billion. Surely there must be a better way,

If society wants people leaving prison to become fully functioning members once again, then it must be prepared to give them a second chance.

The author served a six year prison sentence and now takes part in Christian Ministry

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