• As we reported earlier this week, the Equal Employment Opportunity Commission has issued new, forward-thinking guidance to employers on the use of criminal records in hiring decisions. Legal Action Center and its National H.I.R.E. Network applaud the new guidance, which is critical to ensuring a fair chance for qualified people with criminal histories to compete and participate in the labor market. Read our full press release for details.

With background checks ever more prevalent in job screening, this forward-thinking guidance is critical to ensuring a fair chance for qualified people with criminal histories to compete and participate in the labor market. LAC and HIRE wholeheartedly support the new guidance, including provisions that:

• Put employers on notice that categorical exclusions for people with certain convictions may violate Title VII of the Civil Rights Law of 1964 because of the disparate impact on minorities.
• Recommend that job applications not ask about criminal records, and that if they do ask, they limit inquiries to records for which exclusion would be job-related for the position in question and consistent with business necessity.
• Offer examples of common policies and practices that violate Title VII.
• Inform local and state governments that laws barring people with certain criminal records from jobs or licenses also could violate Title VII.

"As individuals endeavor to turn their lives around, it’s key for employers to consider their convictions on a case-by-case basis instead of using blanket bans and arbitrary criteria," said Sally Friedman, LAC’s legal director. "Especially with the kind of errors we see every day on rap sheets, employers can’t possibly treat applicants fairly any other way."

Not only that, the commission’s parameters for a claim of discrimination will force employers with discriminatory policies to make big changes, said Roberta Meyers, director of the National HIRE Network. "As someone who has been fighting against this type of discrimination for decades, all I can say is, wow," she said. "This is an incredibly strong stance that really raises the bar for employers and opens doors to qualified applicants who have repeatedly been turned away."

• LAC was pleased to support a budget deal announced this week that would:
  • Allot an additional $1.2 million for alternatives to incarceration and reentry programs;
  • Provide $42.3 million for the vital AIDS Drug Assistance Program and increase funding to the Community Service Programs and Multiple Service Agencies initiative; and
  • Preserve funding for the New York State Office of Alcoholism and Substance Abuse Services.
  See our press release for our full statement.
• Today and tomorrow are the last days to pre-order the 2012 edition of our highly acclaimed "Confidentiality and Communication: A Guide to the Federal Alcohol and Drug Confidentiality Law and HIPAA" at a 10% discount. Order your copy today!
• An article on methadone treatment and driving laws in the April 2 issue of Alcoholism & Drug Abuse Weekly cites our “Know Your Rights” brochure and our "Memorandum on Driving and Psychomotor Studies."

By increasing its support for ATI/Reentry programs, the state is making a wise investment in a system that has been shown to reduce crime, make our communities safer, and save our taxpayers millions of dollars each year. This vote of confidence, especially in the current economic climate, speaks volumes about New York's leadership.

We extend special thanks to Governor Andrew Cuomo, Assembly Speaker Sheldon Silver, and Senate Majority Leader Dean Skelos; Correction Committee Chair Jeffrion Aubry and Codes Committee Chair Joseph R. Lentol in the Assembly; and in the Senate, Codes Committee Chair Steve Saland and Mike Nozzolio, chair of the Crime Victims, Crime and Correction Committee.

On the HIV/AIDS front, LAC is delighted that the executive budget proposal for funding for AIDS Institute programs and other related services prevailed, including $42.3 million for the vital AIDS Drug Assistance Program. Also, the Community Service Programs (CSP) and Multiple Service Agencies initiatives each saw an increase of $525,000. Unfortunately, the 30% rent cap issue was not resolved this session.

We are pleased to see, too, that funding for the New York State Office of Alcoholism and Substance Abuse Services suffered no cuts, and that OASAS will continue to receive funds from criminal justice asset forfeitures.

LAC looks forward to an agreement or executive order to address need for a health insurance exchange under the healthcare reform law. We urge our elected leaders to ensure that this exchange is implemented to maximize enrollment and coverage of the state's most vulnerable residents, including people suffering from addiction, mental illness, or HIV/AIDS, people involved in the criminal justice system and the homeless.