Thursday, December 13, 2012

Pennsylvania Constitution - substantive due process - lifetime employment ban - old criminal conviction

This new en banc Cmwlth Court decision finds the new lifetime bans on employees/contractors/etc… who have certain enumerated criminal records unconstitutional (as applied) because they violate substantive due process under art 1, sec 1 of the Pennsylvania Constitution

 The court said this in the conclusion:

Because 24 P.S. §1-111(e)(1)  creates  a lifetime ban  for  a  homicide offense that has no temporal proximity  to Johnson’s present ability to perform the duties of his position, and it does not bear a real and substantial relationship to the Commonwealth’s interest in protecting children, it is unreasonable, unduly oppressive and patently beyond the necessities of the offense.  As a result, 24 P.S. §1-111(e)(1) imposes unusual and unnecessary restrictions upon Johnson’s lawful employment as a  “Fatherhood Facilitator” with AIU  and it is unconstitutional as violative of his substantive due process rights. . .