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. . .