Under a variety of federal and state civil-rights and anti-discrimination laws, individual Americans may qualify for special attention as a member of a presumably oppressed group under one or more protected categories. Those categories include race, color, national origin, sex (including gender, sexual orientation, pregnancy and sexual harassment), religion, age, marital status, physical or mental disability, and others.
If proponents of proposed legislation in San Francisco have their way, ex-cons and felons would be added to that list. If so, landlords and prospective employers would be prohibited from asking questions in interviews or on employment applications about someone’s criminal history. Supporters argue that the city’s 80 percent recidivism rate is partly a consequence of ex-cons having a difficult time getting a job or housing when landlords or employers discover their criminal record.
Yes, there’s something to be said for rehabilitation programs and giving a criminal who’s paid his debt to society a second chance. Michael Vick was allowed to come back to the NFL and restart his career with the Philadelphia Eagles. Frank Abagnale, portrayed by Leonardo DiCaprio in the movie “Catch Me If You Can,” did time and then turned his skills as a check forger into productive channels working for the FBI.
But any controversial public policy like this has its tradeoffs. The hoped-for benefits have to be weighed against the downside risks for society. The employers of Vick and Abagnale knew about their criminal history when the decision was made to hire them. Vick was given a second chance to play quarterback in the NFL, but it’s not likely he would have been hired by a pet store owner, nor Abagnale by a bank. A law that would keep landlords and employers in the dark about information like criminal histories is a violation of their right to relevant full disclosure.
Imagine a convicted pedophile being allowed to conceal his past when applying for a job at a day care center, a habitual car thief at an auto dealership or a former inmate of Gitmo seeking work at the Department of Homeland Security. Let’s not even talk about Bernie Madoff and lesser-known Ponzi schemers and embezzlers seeking positions as investment advisers.
Advocating for this new law is the San Francisco Human Rights Commission. These people have a narrow focus, blind to the fallout in other areas. Some recidivists, perhaps most, are career criminals, intent on committing future crimes. Just wait for the public backlash when the first ex-con hired by an unknowing employer commits a heinous crime.
Then there’s the opportunity for scammers to exploit the law for personal gain. Andrew Long of the San Francisco Apartment Association explained that “Some ex-cons will probably make this a business, going from apartment complex to apartment complex, getting denied for whatever reason, and then filing a nuisance lawsuit.” It’s no wonder that plaintiffs’ lawyers are on board.
San Francisco marches to the beat of its own drummer. Political correctness runs amok. Ironically, this Mecca for self-imagined free spirits is a factory for legislation regulating what individuals and businesses can do. The city — until a judge’s order last week stripped the idea from a the ballot — had been considering a law banning male circumcisions. Who knew this was a serious problem? San Francisco is Boulder on steroids. It’s a laboratory for every harebrained, liberal, utopian notion. Hey, it’s the home of Nancy Pelosi. The Bay City’s hospitality for and enthusiastic acceptance of homosexuals has made it the gay capital of the United States. That, of course, is its prerogative. If this criminal- history-confidentiality act passes, it may also become a haven for ex-cons and felons.
Fortunately, if needed, there are plenty of vacancies at Alcatraz.
Freelance columnist Mike Rosen’s radio show airs weekdays from 9 a.m. to noon on 850-KOA.
