"BAN THE BOX ON JOB APPLICATIONS IN NEW YORK STATE"

Ban the Box on Job Applications in New York State

Greetings,

For several years now, states, cities and municipalities have been recognizing that their over-reliance on incarceration to solve their crime problems have been unsuccessful. This narrow approach to crime and joblessness has caused an “Unsustainable” increase in state and city prison budgets. Finding innovative ways to re-introduce formerly incarcerated people into society, while at the same time, protecting the general public is a noble goal all responsible governments should strive toward. However, many would much sooner segregate criminal offenders from non-offenders for safety purposes. These types of policies, however, have made the American people fundamentally unsafe. Empirical studies prove decisively that education and employment is the best way to reduce crime. What many social scientist and economist are finding, mostly because of the recent “Great recession,” is that we simply cannot sustain our economy removing 1/4th of our population from our work force. We simply need tax revenue to sustain a robust economy. This is why more and more states, cities and local governments are "Banning the box" on job applications which request criminal conviction information from an applicant.

THE HISTORY OF THE BAN THE BOX MOVEMENT

The “Ban the box” movement was started by a group of formerly convicted people in Oakland, CA – called “All of Us or None.” Many experts studying the negative affects a criminal conviction could have on job opportunities have found that people with criminal past have a much better chance of getting hired when they are able to get to the “Interview” phase of the hiring process. The list of states and cities that have passed Ban the Box legislation are steadily growing. Just a few of which are:

(1) Austin, TX; (2) Chicago, IL; (3) Connecticut; (4) Detroit, MI; (5) Durham, NC; (6) Hawaii; (7) Jacksonville, FL; (8) Massachusetts; (9) Memphis, TN; (10) Minnesota; (11) New Mexico; (12)Philadelphia, PA (13) Providence, RI; (14) San Francisco, CA; (15) San Jose, CA; (16) Seattle, WA and (17) Oakland, CA.

The State of New Jersey; Omaha, NE and Washington, DC either have legislation pending or have groups currently pushing for Ban the Box legislation. However, New York State is void of strong and “Out-spoken” “Ban the Box” advocacy. Nothing less than a dedicated coalition of legislators, community activist, advocacy groups and concerned citizens can move this bill forward in the Assembly and Senate.

CIVIL RIGHTS ORGANIZATIONS WE NEED TO SUPPORT A BAN THE BOX LAW:

The Legal Action Center
The National Hire Network
The Fortune Society
The Center for NuLeadership on Urban Solutions
The National Action Network (NAN)
The New York Civil Liberties Union (NYCLU)
The New York Bar Association
The National Association for the Advancement of Colored People (NAACP)
The National Urban League (NUL)
The Sentencing Project
The Osborne Association
The Women’s Prison Association (WPA)
The Community Service Society of New York (CSSNY)

Unemployment in Black and Hispanic communities all across the state is above depression levels. By some estimates, the unemployment rate hovers around 40%. I am delighted to report that New York State Senate bill #S5427, sponsored by Senator Ruth Hassell-Thompson of the 36th Senate District, and NYS Assembly bill #A07782 sponsored by Assembly-member Jeffrion L. Aubry of the 35th Assembly District has been introduced. . These bills (if passed and signed into law by Governor Cuomo) would effectively close the “Loop-hole” in Article 23-A of the Corrections Law.

THE EMPIRICAL STUDIES SUPPORT THE BAN THE BOX INITIATIVE

In a study conducted by Professor Devah Pager et al (Princeton University) titled: “Sequencing Disadvantage: Barriers to Employment Facing Young Black and White Men with Criminal Records.” This study found that job applicants with convictions stood a much better chance of being hired when the applicant has an opportunity to build a “Rapport” with the employer in the interview phase of the hiring process. Article 23-A of the Corrections Law (as it stands now) does not require employer’s to allow an applicant with a criminal record to get to the interview table. The law only allows the applicant to challenge an employer if the employer denies the applicant – and admits that the denial is based on the applicants prior criminal record. Thus, employers have learned to “Ignore” or “Discard” applications where the “Box” is checked yes, or simply deny the applicant for reasons not related to their criminal conviction, thus, making Article 23-A’s provisions moot! There is simply no way to prove that an employer is discriminating on an applicant under Article 23-A of the Corrections Law unless the employer out-right admits to it! Most employers would much rather use a “Fabricated” reason for a denial – than risk a discrimination lawsuit. Not to mention the fact that there are no laws against “Ignoring” an application. Many employers request online or mail-in submissions of job application’s or resume’s which is the same as posting your application or resume into a “Black hole.”

The National Employment Law Project (NELP) recently released a report titled: “65 Million ‘Need Not Apply’: The Case For Reforming Criminal Background Checks for Employment.” This report makes a powerful and compelling argument that the population of people with criminal convictions is so enormous that we as a country would be committing fiscal suicide to continue to support laws and policies which keep 1/4th of the population of our country unemployed or underemployed. In fact, many states are looking to ways to reduce their over-inflated corrections budgets by implementing common-sense policies which encourage employment of people with criminal past. NELP recently released another report titled: “Ban the Box: Major U.S. Cities and Counties Adopt Fair Hiring Policies to Remove Unfair Barriers to Employment of People with Criminal Records.” The report documents the progress of the Ban the Box movement in States, Cities and Counties all across the country. According to the data in this report, New York State (if it were to pass a Ban the Box law) would become one in only a few states to pass the initiative “Statewide,” and along with Article 23-A of the Corrections Law, will make New York State the absolute “Leader” in anti-discrimination legislation in the country.

The National Association for the Advancement of Colored People (NAACP) also recently released a report titled: “Misplaced Priorities: Over Incarcerate, Under Educate.” this report offers a clear look into the budgetary expenditures states and municipalities allocate to incarcerating citizens as opposed to educating them.

The Community Service Society recently released a report titled: “Only one in Four young Black Men in New York City has a Job.” The CSSNY has taken a “Leadership” role as it pertains to “Cutting-edge” advocacy for the poor and disenfranchised in New York and around the country. The CSSNY remains as one of the “Top” advocacy organizations in New York.

A scientific study recently conducted by Professor Alfred Blumstein (Head of the Justice Department of Heinz College/Carnegie Mellon University) and Co-Authored by Kiminori Nakamura titled: “Redemption in an Era of Widespread Criminal Background Check’s.” This report studied “Hazard rates” of formerly incarcerated individuals based on the amount of time that elapses after incarceration or conviction. Professor Blumstein et al found that the risk of recidivism decreases in 5 to 7 years, to almost equal the hazard rate of non-offenders. They recommend the removal of the “Brand” of “Offender” after 5 to 7 years, as one of the best ways to promote desistance.

In Closing

Many public and private employers are reluctant to hire a person with a criminal past for several reasons. Poor performance and reliability are just a few common assumptions about formerly convicted people. However, negligent hiring lawsuits appear to be the main sticking-point to employer’s reluctance to give a person a chance to prove their worth. The New York State Legislature has taken steps to remove an employers liability in this area by removing the burden of negligent hiring lawsuits against an employer, when the employer hires a person with a Certificate of Rehabilitation or Good Conduct in accordance with Article 23-A of the Corrections Law. Yet, by the assembly’s own admittance, very few people actually apply and receive Certificates of Rehabilitation and Good Conduct. Thus, New York State Assembly Bill # A03658, which streamlines the process of obtaining these certificates, should be passed in this legislative session as well.

A Ban the Box law is needed in New York State. First, A Ban the Box law would automatically remove the question from job applications where the employer is not required to ask it by statute. Second, it would prevent both public and private employers from having “Blanket barriers” to people with criminal convictions, requiring reluctant employers to abide by Article 23-A of the Corrections Law. Third, employers would still have the option to deny employment to an applicant whose past criminal history is job related or would cause an “Unreasonable” risk to an employer’s business interest. And last (but certainly not the least of these), The New York State economy would benefit from the enormous tax revenue created by promoting the employment of able-bodied people, while at the very same time lowering our massive corrections/prison budgets. I truly believe that a Ban the Box initiative is a common-sense approach to lower our states crime rate and raise much needed revenue. The Ban the Box initiative is a “Win-Win” approach to governing in New York State.
This is why I hope you will support the passing of New York State Senate bill #S5427 and NYS Assembly bill #A07782 by signing this petition and encouraging others to sign it as well.

Thank you and God bless you.

Eric M. Deadwiley

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