Community Advocate Network of Michigan
  • Home
  • Blog
  • Services
    • Disability Services and Resource Center
    • Medicaid/Medicare Services
  • Community Resources
    • Thrift Stores
    • Food Assistance
    • Housing
    • Wraparound Services
    • Death and Burial
    • Returning Citizens
    • Community Board
  • Contact

BLOGS

www.canmichigan.com

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

5/30/2018

6 Comments

 
Category: Public Policy
Picture
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.
​

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
6 Comments
Orange County family law lawyers link
9/2/2022 10:33:03 am

Michigan Governor Rick Snyder opposed legislation that would require government or private employers to remove questions about criminal or credit histories from applications. Thank you for the beautiful post!

Reply
Deborah Mitchell link
9/10/2022 05:17:02 am

Yes, he did then adopted a form of Fair Chance Laws by removing criminal background questions from State applications. Still, employers are allowed to inquire about criminal histories later in the screening process. Thank you for reading and hope the information can be helpful to someone.

Reply
Filing for annulment in california link
9/2/2022 10:52:56 am

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. Thank you, amazing post!

Reply
Deborah Mitchell link
9/10/2022 05:19:20 am

Thank you for your feedback. There are real disparities for those who have had problems and want to reintegrate into society the right way. Thankfully, some states are opting in to remove some of these barriers which is a good thing in my opinion. Glad you enjoyed the reading,hope the information is helpful.

Reply
England Oral Personals link
11/14/2022 05:27:11 pm

Hello mmate great blog post

Reply
Deborah Mitchell link
11/16/2022 01:18:23 pm

Thanks!

Reply



Leave a Reply.

    Deborah Mitchell

    Welcome to The Community Advocate Network.  My name is Deborah Mitchell,  I am a graduate in Social Work and Registered Social Work Technician.  My human service background began in 2007 which includes medical case management and service navigation for the indigent population, outpatient mental health counseling with substance use and abuse disorders, supportive employment and job development for mental health consumers, and structured living domicile management.

    In 2016, I completed my Bachelors Degree in Social Work and began my graduate studies at Wayne State University in Detroit, Michigan.

    On this platform we will be reviewing social topics and news and providing resources to community programs and services.  It is my goal to maintain a recovery-focused, service-oriented environment while working to expand the capacities of individuals, families, groups, organizations, and communities in developing and restoring optimal social and economic functioning.

    Archives

    March 2023
    October 2022
    March 2022
    February 2022
    January 2022
    August 2019
    June 2019
    February 2019
    January 2019
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018

    Categories

    All
    Consumer Services
    Government Benefits And Programs
    Public Policy
    Social Topics

    RSS Feed

Services

Case Management

Disability Claims

​Referrals

About

Individualized approach to planning and coordinating care with the goal of medical rehabilitation.

Support

PH:  248-773-2658
FAQ:
Case management services are billed directly to your insurance company.  Auto accident victims may contact us for referrals to an attorney  that specializes in your specific case and needs to handle your legal representation.
Terms of Use: 
Information provided on this website does not guarantee approval for benefits or guarantee employment.  Users may copy, download, and share resource information only.
AMAZON ASSOCIATES DISCLOSURE
Community Advocate Network of Michigan is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to www.amazon.com.
© COPYRIGHT 2018. ALL RIGHTS RESERVED.
  • Home
  • Blog
  • Services
    • Disability Services and Resource Center
    • Medicaid/Medicare Services
  • Community Resources
    • Thrift Stores
    • Food Assistance
    • Housing
    • Wraparound Services
    • Death and Burial
    • Returning Citizens
    • Community Board
  • Contact