The Va. Offender Workforce Development Partnership supports the intent of Item "D" of the ABC Board's proposed regulatory changes, as they will give ABC-licensed businesses increased autonomy to hire job appplicants with past criminal convictions. We commend the ABC Board for proposing to significantly increase employment opportunities for many jobseekers with prior criminal convictions.

We recognize that persons with the past "exclusionary" offenses listed in the proposed regulatory changes may still be considered for employment, as a licensee seeking to employ can request permission for his assigned ABC Special Agent. Yet employers have shared with us their unwillingness to use this process, citing their need to fill positions without delay. This results in most ABC-licensed businesses' avoidance of applicants with past criminal records, thus jobseekers with records are being overlooked for countless employment opportunities. Yet employment is a critically important factor in preventing recidivism. Ensuring ample employment opportunities increases public safety in Virginia. Recognizing this, we support the removal of the proposed "exclusionary offenses"  employment barrier, as it may negatively impact public safety.

We recommend that the ABC Board amend the "exclusionary offenses" so employers can make autonomous and judicious decisions on hiring applicants with past criminal records. Employers are guided by the EEOC Policy Statement on the Issue of Conviction Records under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., which advises them to consider the seriousness of of the applicant's past offense, the time that has passed since it occured, and its relevance to the position for which one is applying. Employers can capably determine if there is a "business neccessity" (significant safety concern) that precludes them from hiring particular applicants at their ABC-licensed establishments.

Specifically, we recommend that the ABC Board amend the proposed regulatory changes to 3VAC5-50-40 as follows:

1.) Remove items "1" and "2" in Section D of the current proposal.

2.) Replace current items "1" and "2" with a new item "1" that states: "Any person who has violated the laws of the Commonwealth, of any other state, or of the United States, applicable to the manufacture, transportation, possession, use or sale of alcoholic beverages".

We further recommend that the ABC Board consider that a system of "approving" employees with "exclusionary offenses" may expose the Board to negligent hiring liability in the unfortunate incident of an "ABC-approved" employee  hurting someone at a worksite. Allowing ABC-licensed employers to make autonomous decisions effectively shifts potential negligent hiring liability to businesses (vs. state govt.).

We appreciate this opportunity to comment on the proposed regulatory changes, and encourage the ABC Board to consider our recommended amendments.

Respectfully submitted by Gwynne Cunningham, Chair, on behalf of the Virginia Offender Workforce Development Partnership, a Subcommittee of the Virginia Prisoner Reentry Policy Academy