
Contents
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35.1 Two Objections to the Current Use of Criminal Records in the Labor Market 35.1 Two Objections to the Current Use of Criminal Records in the Labor Market
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35.1.1 The Harm Objection 35.1.1 The Harm Objection
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35.1.2 The Objection from Wrongful Discrimination 35.1.2 The Objection from Wrongful Discrimination
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35.2 Matching Crimes and Employment 35.2 Matching Crimes and Employment
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35.3 Relevant Matching—Five Objections 35.3 Relevant Matching—Five Objections
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35.3.1 The Difficulties of Administration 35.3.1 The Difficulties of Administration
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35.3.2 The Objection from Crime Prevention 35.3.2 The Objection from Crime Prevention
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35.3.3 The Right to Know Who You Are Employing 35.3.3 The Right to Know Who You Are Employing
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35.3.4 The Claim from Double Punishment 35.3.4 The Claim from Double Punishment
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35.3.5 Relevant Matching and Equal Treatment 35.3.5 Relevant Matching and Equal Treatment
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35.4 Conclusion 35.4 Conclusion
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Notes Notes
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References References
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35 Criminal Records and the Labor Market
Get accessThomas Søbirk Petersen is Professor of Bioethics and Philosophy of Law, Roskilde University
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Published:22 October 2024
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Abstract
The aim of this chapter is twofold. First, we shall present and critically discuss two central objections to the current and commonest use of criminal records in the labor market. The two objections are: that such use is harmful to the well-being of ex-offenders, their relatives, future possible victims of crime; and that the use of criminal records necessarily involves wrongful discrimination. It will be argued that while the harm objection is indeed convincing, the objection from discrimination is not convincing at all. Second, the aim is to present details of a proposal designed to mitigate the harm that ex-offenders, their relatives, and future possible victims of crime may be subjected to as a result of the use of criminal records in the labor market. This proposal is called “Relevant Matching.” Relevant Matching will be defended against the following five objections: i) the Relevant Matching proposal is difficult and expensive to apply; ii) it is not crime-preventive enough compared with the preventive effects of the current use of criminal records in the labor market; iii) it is morally problematic, because employers have a right to know who they are hiring, including details of the applicant’s criminal records; iv) it is a form of morally problematic double punishment; and v) it involves unequal treatment of job applicants (i.e., those with a criminal record and those without).
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