A lifetime employment ban preventing people convicted of an enumerated crime from working in the care of older adults is unconstitutional, the Commonwealth Court has declared.
A unanimous en banc panel of the court held Dec. 30 in Peake v. Commonwealth that a provision in Chapter 5 of the Older Adults Protective Services Act prohibiting convicted workers from elder-care employment, no matter the time of their conviction, violates due process because it goes beyond the necessities of the case and isn’t substantially related to the act’s stated objective.
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