| 2/13/2013 |
Rep. Slater introduces bill to 'ban the box'
Questions about criminal record would be eliminated from job applications
STATE HOUSE – Boston already had policies that limited bias against individuals with criminal records in city government positions when, in 2006, it expanded those – by removing questions about criminal history from job applications for city positions and by requiring the thousands of private vendors doing business with the city to follow the city’s standards.
Five years ago, Providence agreed to change its hiring policies, following an investigation begun by the mayor’s office into hiring practices and their impact on applicants with criminal convictions. In 2009, language relating to information on criminal charges was removed from the human resources department applications, and applicants sign a waiver for a background check only if the candidate satisfies qualifications criteria for the position.
Providence and Boston are among the more than 40 cities around the country that have adopted ‘ban the box’ policies, eliminating the question, or check box, on an application seeking information about criminal records.
Legislation being introduced in the General Assembly – by Rep. Scott A. Slater in the House of Representatives and by Sen. Harold M. Metts in the Senate – would ‘ban the box’ on applications for jobs in Rhode Island, in both public and private sectors. The legislators, who discussed the bills at a news conference held today (Feb. 13) at the State House, said they are introducing the bills because they believe employers should emphasize a job applicant’s qualifications rather than past mistakes.
“The legislation being introduced provides basic protections from discrimination for people with a criminal record,” said Representative Slater (D-Dist. 10, Providence). “In a state with a very high recidivism rate, an individual who has committed a crime and paid for that mistake needs stability to move on with his or her life, and a job provides that stability. Impediments to those individuals getting a job for which they are otherwise qualified just help continue the cycle of repeat incarceration.”
Banning the box, said Representative Slater, gives individuals seeking a job “a chance to be considered on their qualifications, not immediately rejected from consideration because of a wrong decision in their past for which they have paid their debt to society.”
The legislation would remove from job applications questions such as “Have you ever been convicted of a felony or a misdemeanor?” It would allow applicants to explain their previous convictions at the interview state, if they have been deemed otherwise qualified for the job. It would require employers to only deny applicants based on their criminal histories if the employer determines there is a direct relationship between a job and an applicant’s criminal history. It would clear employers of liability if they hire people with records.
The legislation would not prevent employers from asking for a criminal background check, once the applicant satisfies the minimum criteria for the position based on qualifications and ability. It would not override any law that bars people with certain convictions from certain occupations (working with children or the elderly, financial, etc.). It will not force employer to hire felons.
“People, including those with a criminal record, just need a chance,” said Representative Slater. “A job is a very important way for them to get that chance to transition back to normal society. Yet many are routinely and immediately screened out, because of the ‘box.’ I don’t think that is right.”
Rep. Michael W. Chippendale (R-Dist. 40, Foster, Glocester, Coventry), a co-sponsor of the House bill, told the news conference that “some of my best employees had criminal records. They worked hard because they valued their jobs. We need to pass ‘Ban the Box’ so people can get a foot in the door and present themselves as a whole package.”
Senator Metts (D-Dist. 6, Providence) also addressed the news conference. He said that “individuals who have done wrong and paid for their mistakes should not be haunted for the rest of their lives. People coming out of prison need jobs to feed their families, pay rent, move on with their lives. A place to live, supportive services and a job are the three legs of the stool of successful re-entry programs.”
Also participating in the news conference to announce introduction of the bills were Mike Araujo from RI Jobs with Justice; Deacon Jay Parker of the Gospel Tabernacle Church, and representatives of two organizations that helped organize the State House event -- Direct Action for Rights & Equality (DARE) and the RI Coalition to Ban the Box.
DARE is a community-based organization working with low-income families in communities of color for social, economic and political justice. The Coalition to Ban the Box is a coalition of community, public, faith-based and labor groups working to end discrimination against people with criminal records.
The bills, when introduced, will likely be referred to the Committee on Judiciary in the respective chambers.
For more information, contact:
Randall T. Szyba, Publicist
State House Room 20
Providence, RI 02903
(401) 222-2457 |
LEGISLATIVE INFO
