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By Marsha Weissman
Ed Griffin-Nolan’s article “Spanish Action League Hires Sex Offender” (Syracuse New Times, April 3-May 7) was inflammatory and was surprisingly narrow-minded given the New Times’ history of providing an alternative to mainstream media sources. It lacked any analysis of the benefits of hiring people with criminal histories or the state laws that promote such a practice. It perpetuated a fear-based response to people with a sex-related conviction, conveniently ignoring the research that consistently demonstrates that recidivism rates for people who have a sex-related conviction are substantially lower than most people believe and, in fact, are among the lowest of all people convicted of a crime.
Employment is one of the surest ways for a person to reintegrate into society and avoid re-offending after a criminal conviction. To that end, state law encourages employers to hire people with criminal convictions and forbids employers from applying blanket bars to certain people because of a criminal record. Article 23-A of state Correction Law prohibits employers from denying employment to an applicant on the basis of his criminal history unless “there is a direct relationship between one or more of the criminal offenses and the specific license or employment sought or held by the individual.” As the executive assistant to La Liga’s Executive Director Rita Paniagua, Jesus Rolon’s job responsibilities do not involve any interactions with children or adolescents.
Further, Article 23-A requires employers to consider, among other factors, “any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.” As Griffin-Nolan reported, Rolon was exempted from sex offender treatment after an evaluation, his probation officer supported his employment at La Liga and an Onondaga County Court judge released him from probation early, stating that “termination of the sentence of probation is not adverse to the protection of the public.” Given all of these factors, La Liga could not and should not have legally denied Rolon employment as the executive assistant due to his criminal history. Despite Griffin-Nolan’s attempt to incite La Liga to violate the law and fire Rolon, La Liga stood up to his bullying tactics.
Any human service agency (or any other employer) that has a blanket policy denying employment to people with criminal histories or people convicted of specific offenses is in direct violation of state law. People convicted of sex-related crimes are not exempted from this protection. Nor should they be. Society’s penchant for demonizing people who have a sex-related conviction not only undermines their attempts to live law-abiding lives, but it also ignores the reality about risk of re-offense.
It is unfortunate that the New Times has published a counter-productive, fear-based story that accomplishes nothing more than “exposing” a person who is seeking only to live a law-abiding life in the community through employment. Our community would be better served by a story exposing those employers who continue to discriminate against people with a criminal record, thereby undermining New York law and public safety as a whole.
We applaud La Liga’s resolve to give Rolon the second chance he deserves by honoring New York’s commitment to the employment of people with criminal histories.
Marsha Weissman is executive director of the Center for Community Alternatives. The center promotes reintegrative justice and a reduced reliance on incarceration through advocacy, services and public policy development in pursuit of civil and human rights.
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If you are passionate about what’s right or wrong about Central New York, here is a corner for you to vent. Rant in poetry. Rant in prose. Rant against the bad. Rave for the good.
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