You Just Discovered You Hired a Sex Offender. Now What?

A reader sent me the following question. I worked for a grocery store. Can a child molester be employed by the grocery store? I reported it to the manager, and showed proof and nothing was done about it. There’s a lot going on here. What does the law require an employer to do (if anything) under these circumstances? And what should an employer do when it discovers it is employing a sex offender?  Legal Advice Column

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AK: Cyrano’s Theatre Co. will drop an actor who is a registered sex offender after social media backlash

[ktuu.com 12/11/18] A registered sex offender who performs with Cyrano’s Theatre Co. will no longer be acting with the company. Jenson Seifert lists Cyrano’s as his employer on the state’s sex offender registry. He is a former teacher at Birchwood Christian School who was charged, and later served time, for sexually abusing a minor. At the time, police accused him of molesting a 14-year-old boy repeatedly, including while he was a chaperoning a youth outing. Cyrano’s says Seifert has been a performer with the company for about a year and…

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Discussion: How can registrants make a living?

This is an open discussion where you can share your ideas on how we registrants can find employment in a society that discriminates against us. For example: What regulations we are up against; Available job resources; Tips on the types of jobs that are most available to us; Your success story. If your information is specific to your state, please mention the state. We’d also like to hear your ideas on how registrants can start their own business—preferably without a major investment. What does it take? How can we avoid…

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MO: Proposed ordinance would keep sex offenders from serving liquor

To serve alcohol in Kansas City, you need a liquor card. The public safety committee is considering a new proposed ordinance that would change that, but some agencies are concerned. The Metropolitan Organization to Counter Sexual Assault, or MOCSA, is speaking out. Victoria Pickering, Director of Advocacy for MOCSA, said, “The goal is to prevent individuals who have a history of committing sexual offenses from being able to work with alcohol which is the number one drug that’s used to facilitate sexual assault.” Full Article

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CA: Sex Offenders working for Riverside County? 

An audit from Riverside County’s Auditor-Controller, Paul Angulo, matches two registered sex offenders’ names to two employees working for Riverside County’s health care network. But other county officials say the audit names the wrong people, noting there are discrepancies in middle names and that the photographs don’t match. And a sentence within the audit says the employees could not be “positively confirmed” as registered sex offenders. Still, Angulo stands by his audit, noting that even the discrepancy highlights a flaw in the county’s vetting process. Full Article

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PA: Professor fired over child-sex conviction must be rehired by Pa. university, state court says

[pennlive.com – 8/31/18] Lock Haven University must reinstate a mathematics professor who was fired after his 28-year-old conviction for molesting two children was discovered, a Commonwealth Court panel ruled Friday. Prof. Charles Morgan can’t be allowed to teach high school students who are taking advanced placement classes at the school, however, the state judges found. That decision, outlined in an opinion by Senior Judge James Gardner Colins, upholds an arbitration ruling won on the prof’s behalf by the Association of Pennsylvania State College and University Faculties, the professors’ union. University…

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China: College pitcher with sex-offender past spurned in China, too

[nypost.com – 8/7/18] Former star collegiate pitcher Luke Heimlich’s status as a sex offender has once again derailed his professional baseball aspirations. The former Oregon State ace had agreed to sign with the Lamigo Monkeys of the Chinese Professional Baseball League on Monday night. But on Tuesday, the league declined to approve the contract, as the CPBL has a no-tolerance policy for players with criminal records. Read more  

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KS: Salina art organization directors resign amid concern over sex offender volunteer

[kake.com – 8/3/18] SALINA, Kan. (KAKE) – The SPARK Artist Resource Exchange was supposed to be an organization of artists who worked on projects across Salina. Instead, it’s become a controversy after a Facebook posts about one of its directors who is also a sex offender. The resource center is in the heart of downtown Salina. In the last several days, posts on Facebook revealed that program director ______ is a convicted sex offender. Parents were worried that he had contact with children. ______ was convicted in 2012 of possessing…

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CA: Can You Fire Someone For Being A Sex Offender?

[jdsupra.com 4/30/18] It happens more often than you think. An employee in good standing is “outed” as being listed on a sex offender registry. His/her coworkers are up in arms. Now what? Can he/she be fired? Given California’s relatively new “ban the box” law, employers are limited in how they can use criminal history in employment decisions. For current employees, once a conviction is uncovered, you can’t automatically fire someone for it. Rather, employers must make an individualized assessment to determine if the conviction has a direct and adverse relationship…

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KS: Can letting ex-offenders work make us safer? One state wants to find out

[rstreet.org] Which of the last two presidents vowed to give ex-offenders a second chance in a State of the Union Address? You could hardly be blamed for guessing President Barack Obama, but the answer is President Trump. The quote made headlines due to its peculiarity coming from the “law and order” candidate, but it revealed that even hardliners like Trump are considering better ways to reintegrate former prisoners into society. In Kansas, both Democratic and Republican members of the legislature have acknowledged a substantial obstacle to offender reentry: the ability…

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An Unexpected Journey by Nick Dubin, Mitigation Consultant

[foglightstrategies.org] PREFACE Nick Dubin, PsyD, is a consultant who helps with Foglight Strategies’ mitigation efforts. Nick has a Doctorate in Psychology and Masters in Special Education. He also has an Autism Spectrum Disorder, which is characterized in part by a difficulty in intuiting why certain courses of behavior are inappropriate. Nick, like many others before and after his case, had his life shattered when he was federally charged with the possession of child pornography. Nick was evaluated to be a low re-offense risk. Despite this, federal prosecutors went forward with…

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PA: Pennsylvania community leaders deserve appreciation for giving second chances

[floridaactioncommittee.org] Recently, the Spartansburg, Pennsylvania community made national headlines by re-electing their fire chief, who happened to be a registered sex offender. Sadly, the newly re-elected chief resigned over the publicity, but many have stood behind him even in the wake of the negative publicity. A local news station, WJAC, featured another Pennsylvania community that had a similar situation, but chose to handle it in a more humane, compassionate way, that will undoubtedly benefit their entire community. Chief Paul Demi of the Spangler Fire Company said of one of their…

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PA: Registered Sex Offender Elected As Fire Chief In Pa. Town, Mayor Defends Decision

[pittsburgh.cbslocal.com] SPARTANSBURG, Pa. (AP) – The mayor of a small Pennsylvania town is standing by its volunteer fire company’s re-election of a registered sex offender as its fire chief. Chief Roger Gilbert Jr. was convicted in 2001 of sexual intercourse with a 4-year-old girl and is listed in the state’s Megan’s Law database, The (Corry) Journal reported Saturday . Court records show Gilbert is a felon who completed a five- to 10-year sentence for “involuntary deviate sexual intercourse.” Mayor Ann Louise Wagner says she and firefighters have been aware that…

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IL: Class worked to break the cycle of sex offenses

[news.illinoisstate.edu] The criminal justice majors in Shelly Clevenger’s course studying sex offenses are usually prepared for a final project that is out-of-the-ordinary. “I’ve had a lot of these same students in my other classes, so they know their projects will be a little quirky,” said Clevenger, whose innovative teaching has been honored by the American Society of Criminology. “I wanted something that will help them communicate with their audience.” For the future members of law enforcement, that means connecting not only with those who are vulnerable to sexual offenses, but…

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Employment Opportunity – Sex Offense Litigation and Policy Fellow at Mitchell Hamline School of Law

https://mitchellhamline.edu/sex-offender-litigation-policy/ The Sex Offense Litigation and Policy Resource Center seeks applications for a full-time fellowship position. This is a two-year, full-time position, working directly with the director of the Center. We seek a person with superior research, writing and organizational skills, with a demonstrated interest in impact litigation, particularly involving sex offense policy, who can take charge of developing resources and initiatives supporting this litigation and related policy changes. We will accept applications until the positon is filled, but prefer applications prior to January 31, 2018. While start date is…

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CA: We Are Now a Protected Class!

If you, like most of us, have a conviction on your record, beginning on January 1, 2018 you will belong to what might be called a “protected class” for hiring purposes. The California State Legislature passed and Governor Brown signed AB 1088 that will require employers to remove the “Box” on employment forms and require that they not ask any questions related to an applicant’s criminal background. Of course, if you live in the City of Los Angeles or San Francisco, a more stringent law is in place. AB 1008…

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Companies Expanding Employment Opportunities

More than 100 companies have announced that they are now willing to hire individuals previously convicted of a felony offense. The companies range from McDonald’s to the New York Times and also include American Express, B F Goodrich, Dunkin Donuts, Hilton Hotels, the Salvation Army, Target and others. It has been reported that some, but not all, of these companies are willing to hire individuals convicted of a sex offense. California law prohibits employers from discriminating against a registrant solely because he is required to register as a sex offender…

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