The Ironic Promise of the Thirteenth Amendment for Offender Anti-Discrimination Law

Abstract

Persons convicted of crimes are routinely shut out of legitimate labor and housing markets, precipitating recidivist behavior and other social ills. In an attempt to curtail these practices, local and state governments have enacted anti-discrimination legislation designed to protect offenders’ access to these markets. Local legislative efforts have, however, proven inadequate to quell discrimination against this group, prompting calls for a federal response. This Article identifies a source of law supporting broad-ranging federal anti-discrimination legislation in this area — the Thirteenth Amendment. The goal of this Article is to provide a historical basis for linking market exclusion to slavery and other forms of citizen subordination. By examining the pernicious effects of private discrimination on offenders, it shows that these forms of discrimination mimic characteristics of American chattel slavery and warrant swift, comprehensive intervention.