Anaya Nolan
Megan's Law mandates state sex offender registries, with all 50 states and the District of Columbia maintaining these open-to-the-public records. While an employer cannot hire or fire an individual solely based on their status as a sex offender, they may be prohibited from employing someone on the registry if the person poses a risk to the company. For instance, a kindergarten teacher who is a registered sex offender may be fired, but someone working at a call center probably does not pose a threat. However, an employer must also consider the potential liability for negligent hiring or retention, as they have a duty to protect their employees, customers, and anyone else associated with the business from potential risks.
| Characteristics | Values |
|---|---|
| Number of people registered as sex offenders in the US as of 2016 | 859,500 |
| Number of people registered as sex offenders in California | 63,000+ |
| Number of people registered as sex offenders in California whose specific home addresses are displayed | 33,500+ |
| Whether an employer can fire someone for being on Megan's Law site | Depends on the state; in California, employers are prohibited from using the state sex offender registry information for employment purposes |
| Whether an employer can be held liable for retaining an employee who commits a sex crime while on the job | Yes |
| Whether a person can be removed from the Megan's Law site | Certain registered sex offenders may be granted exclusion from the California Megan's Law Website |
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What You'll Learn
- An employer cannot fire someone for being a sex offender unless they pose a risk to the company
- Employees may react negatively to a colleague on the sex offender registry
- Megan's Law websites list details such as names, addresses, prior offenses, and photos of sex offenders
- Sex offenders can face imprisonment and/or a fine for accessing the offender search functionality of Megan's Law websites
- Some states prohibit employers from using Megan's Law information for employment purposes
An employer cannot fire someone for being a sex offender unless they pose a risk to the company
Additionally, there is a level of discomfort and gossip that arises among coworkers when an employee's status as a sex offender is revealed. This can lead to demands for immediate action from the employer, or even result in employees walking off the job in protest, or bullying the offender until they quit. This could be another reason for an employer to consider firing an employee who is a registered sex offender, as it may be a distraction in the workplace and cause discontent among other employees.
It is important to note that Megan's Law varies from state to state, and while some states expressly prohibit employers from using the registry information for employment purposes, other states do not have this requirement. For instance, California's Megan's Law prohibits the use of information on the website for employment purposes, while Ohio's Megan's Law does not. Therefore, it is crucial to check with a lawyer before making any decisions regarding hiring or firing a registered sex offender.
Furthermore, certain registered sex offenders in California may be granted exclusion from the Megan's Law Website, and they can apply for this exclusion through the Office of the Attorney General's website. This further complicates the matter for employers, as they may not have access to information about an employee's past offenses if that employee has been granted exclusion.
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Employees may react negatively to a colleague on the sex offender registry
Employees may react negatively to a colleague being on the sex offender registry. Since sex offender registries are mostly public, it is not hard to imagine a situation in which an employee's registration status becomes known in the workplace and causes discomfort among co-workers. Employees may not react well to the news and may demand that the employer takes immediate action and fires the offender, or they may even bully the individual into quitting.
In some cases, employees may anonymously disclose the offender's status to their superiors, as seen in the example of a grocery store worker reporting a child molester to their manager. Such actions can lead to workplace issues and discontent among the staff, creating a challenging situation for the employer.
To address these concerns, employers must make an individualized assessment of the employee's fitness for the specific job while considering factors such as the circumstances surrounding the offense, the employee's employment history, rehabilitation efforts, and the essential functions of the job. However, employers should also be aware of potential liability issues that may arise if they decide to retain a registered sex offender employee.
For instance, if an employee on the sex offender registry commits a sexual assault in the employer's parking lot, the employer could face legal consequences under a negligent hiring or retention theory. Therefore, while managing employee reactions and making employment decisions, it is crucial for employers to seek legal guidance and carefully consider all relevant factors to ensure compliance with applicable laws and regulations.
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Megan's Law websites list details such as names, addresses, prior offenses, and photos of sex offenders
Megan's Law is named after seven-year-old Megan Kanka, who was raped and killed by a known registered sex offender living across the street from her family. In the aftermath of the tragedy, Megan's parents pushed for the enactment of Megan's Law, which requires sex offender registration and community notification. All states in the US now have a form of Megan's Law in place.
The information on Megan's Law websites is often displayed on free public websites but can also be published in newspapers, pamphlets, or other media. The details provided vary from state to state, but they typically include names, addresses, prior offenses, photos, and risk assessment information about sex offenders. Some states make information about all sex offenders publicly available, while others only disclose details about high-risk offenders.
In California, for example, the Megan's Law website is maintained by the Department of Justice (DOJ), which displays sex offenders' information in accordance with Penal Code section 290.46. Offenders are required to register and provide their addresses and other details to law enforcement annually. The website includes the offenders' names, risk assessment scores, dates scored, risk levels, and addresses. It is important to note that the DOJ does not guarantee the accuracy or completeness of the information and advises users to exercise caution to avoid mistaken identities.
While Megan's Law websites provide valuable information to the public, it is essential to recognize that the effectiveness of these registries has been questioned. Critics argue that the laws lack evidence of effectiveness, include offenders without assessing the risk of re-offense, and may have adverse effects on the offenders' family members. Additionally, the belief in high recidivism rates among sex offenders is not scientifically supported, and the laws may inadvertently undermine public safety by exacerbating factors that contribute to recidivism, such as unemployment and instability.
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Sex offenders can face imprisonment and/or a fine for accessing the offender search functionality of Megan's Law websites
In the United States, Megan's Law is a federal law that requires law enforcement to make information about registered sex offenders available to the public. The law was enacted in response to the rape and murder of seven-year-old Megan Kanka by her neighbour, Jesse Timmendequas, a previously-convicted child sex offender. Megan's Law mandates that all states develop protocols to notify the public about sex offenders in their community.
While Megan's Law provides valuable information about sex offenders to the public, it is essential to recognize that certain restrictions and consequences are associated with accessing this information. According to Penal Code section 290.46, individuals who are required to register as sex offenders are prohibited from using the offender search functionality of the Megan's Law Website. This restriction is in place to prevent registered sex offenders from accessing information about other offenders.
The consequences for registered sex offenders who access the offender search functionality of the Megan's Law Website can be severe. In California, for instance, Penal Code section 290.46, subdivision (i), dictates that any person required to register as a sex offender who accesses the website's search functionality may face legal prosecution. This can result in imprisonment in a county jail for up to six months and/or a fine of up to $1,000.
It is important to note that the information on the Megan's Law Website may not always be completely accurate or up to date. The California Department of Justice explicitly states that they are not responsible for any errors or omissions on the website or in secondary disseminations of the information. Therefore, extreme care must be taken to avoid mistaken identification when using the information provided on the site.
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Some states prohibit employers from using Megan's Law information for employment purposes
Megan's Law establishes public online registries of individuals who have been convicted of a sex-based offense. While the purpose behind these registries may seem very straightforward, the use of Megan's Law information for employment purposes is prohibited in some states.
California's Megan's Law, for example, explicitly prohibits the use of any information on the website for employment purposes. California employers are therefore generally not allowed to use information from the Registry to refuse to hire, fire, or demote an employee or potential employee. However, there are exceptions to this rule. For instance, some employers are subject to laws that prohibit them from hiring convicted sex offenders altogether. Section 45122.1 of the Education Code, for instance, forbids schools from hiring persons convicted of sex offenses (and other serious crimes). Thus, some employers have statutory protection from liability if they use the Registry as a basis for an adverse employment action.
Additionally, California employers can conduct criminal background checks of job applicants and employees through public records and with the help of investigative agencies. Information regarding sex offenses obtained outside of the Megan’s Law website can generally be used for employment purposes.
It is important to note that prohibitions on the use of registry information vary from state to state. To ensure compliance, it is recommended to review the specific laws of your state before denying employment based on a candidate's presence on the registry.
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Frequently asked questions
An employer cannot hire or fire you just because you’re a sex offender unless you pose a risk to the company itself. For example, if you work as a kindergarten teacher and are a registered sex offender, there’s a good chance you’ll be fired. However, if you work in a call center, you probably don't pose a threat and shouldn't be fired.
With such a stigma attached to sex offenders, it’s not surprising that many may choose not to mention that they are on the registry. However, if your status becomes known in the workplace, it may become fodder for gossip, discomfort, and scorn among co-workers.
An employer has an affirmative duty to protect its employees, customers, and anyone else that comes in contact with the business from risks of harm of which the employer knows or should know. If an employer hires or retains an individual despite knowledge of prior improper behavior (i.e., sex crimes), and the employee then sexually assaults someone, that injured party could argue the employer knew, or should have known, that the employee might hurt someone.
Certain registered sex offenders may be granted exclusion from the California Megan’s Law Website. You can find more information about applying for exclusion at the Office of Attorney General’s website, Sex Offender Registration and Exclusion Forms page.
Yes, after acknowledging the Department of Justice’s disclaimer regarding the content and proper uses of the site, visitors can search for offenders by name, address, city, zip code, and county, as well as proximity to certain parks and schools.
