"Ban-the-box" laws: employment rights for felons

Category: Public Policy

Positive re-engagement reduces recidivism.

​The Community Advocate Network advocates for our returning citizens who wish to reenter and become productive contributors to society.  We also support reentry programs and services that seek to remove barriers and promote a seamless transition to facilitate that goal.  According to the National Institute of Justice (2014), the U.S. holds a 76.6% rate of recidivism for rearrests.

Studies show recidivism rates are highest in three primary demographics: males, African-Americans, and young adults.  National totals suggest that within three (3) years 67.8% (about 2/3) of prisoners are rearrested, within five (5) years 76.6% (about 3/4) are rearrested, and of those rearrests an estimated 56.7% (more than half) return to prison within the first year, post release.

In the article, “Once a criminal, always a criminal?” (April 2014), CBS news further delineates those numbers reporting recidivism rates within five years of release as high as 82% for property offenders, 77% for drug offenders, 74% for public order offenders, and 71% for violent offenders.  Property offenders, contrary to popular belief, were specifically denoted as being the most likely to reoffend or relapse into new crime.  Now, we are not going to have a discussion today about whether, or not these offenders can be rehabilitated.  The goal of this writing is to inform those who have been afforded the opportunity to reenter society with intention to resume or develop self-sufficiency.

So, why do we look at the numbers?  We do not review the numbers simply to gauge the rates of criminality, initial incarceration, and relapse.  But the numbers also give us a sense of urgency about the need to appropriately reengage former offenders and an idea about the window of opportunity to do so.  Furthermore, the numbers reveal the need for more opportunities, fair chance laws, and supportive services for individuals with criminal backgrounds.

The subject of fair chance laws lends to the issue of a little-known concept called “Ban-the-Box.”  As people return to society with criminal records they are likely aware of most challenges they will face.  The range of challenges can go as far as gaining employment, establishing independent living, acquiring a driver license or student loan, or having access to healthcare and other social service benefits.  These factors can be a set-up for failure even for those with the best intentions causing them to reoffend and reenter the criminal justice system.  Under these difficult circumstances, there is a law that you should know about that may increase your chances of obtaining new employment for those on a quest to reenter the workforce.

The “Ban-the-Box” or “Fair Chance” law addresses the issue of whether, or not an employer can include questions about an individual’s criminal background or convictions on employment applications.  Currently, there are seventeen (17) states who have adopted “Ban-the-Box” laws including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, Ohio, Rhode Island, Vermont, and Virginia. 

With over 100,000 (about 15%) of adult African American Detroiters (ages 25 - 54) with felony records in 2010, Detroit adopted a "Ban-the-Box" ordinance and further required contractors and vendors with the City to completely remove criminal history questions from applications.  However, adopting a form of the fair chance ordinance for employment and housing vendors who receive grants from the City still did not apply to private employers and landlords.  But, although the law was gaining ground, Michigan Governor Rick Snyder opposed legislation that would require government or private employers to remove questions about criminal or credit histories from applications.  Instead, the "Local Government Regulatory Limitation Act" was signed into law on March 26, 2018.  The law states that employers located in cities and counties in the State of Michigan are, in fact, prohibited from adopting "ban-the-box" ordinances for felony convictions, in effect, reversing the menial progress made.
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It should also be noted that “Ban-the-Box” laws only prohibit employers from asking about your criminal history until after you have been identified as a viable candidate for a job.  Know the law in your state and check the links below for more information.

Related Posts:
RESOURCES FOR RETURNING CITIZENS SECTION
www.canmichigan.com/returning-citizens.html

​Links:
Bureau of Justice Statistics
https://www.bjs.gov/index.cfm?ty=pbdetail&iid=4986
CBS News Article: “Once a criminal, always a criminal?” (April 2014)
https://www.cbsnews.com/news/once-a-criminal-always-a-criminal/
Business Insider: “Why is Norway’s prison system so successful?” (December 2014)
http://www.businessinsider.com/why-norways-prison-system-is-so-successful-2014-12
Jobs for Felons Hub: “Will a felony show up after seven years?”
https://www.jobsforfelonshub.com/will-felony-show-seven-years/
Federal Trade Commission: Fair Credit Reporting Act
templates.legal/fair-credit-reporting-act/
Goodwill Industries: “Understand your employment rights as a person with a criminal background”
http://www.goodwill.org/blog/career-and-financial-advice/understand-your-employment-rights-as-a-person-with-a-criminal-background/
​Employment Law Lookout: "Michigan Bans Local Ban-the-box Laws"
​www.laborandemploymentlawcounsel.com/2018/04/michigan-bans-local-ban-the-box-laws/
ACLU: Request for Fair Chance in Detroit Ordinance Overview
http://www.detroitmi.gov/Portals/0/docs/CM%20-%20Ayers/Docs/FairChanceOrdinance.pdf