Ensuring People with Convictions Have a Fair Chance to Work

Nearly one in three adults in the United States–70 million people total–now has an arrest or conviction record.  With increasing numbers of employers using background checks to screen out applicants, millions with records–particularly African-Americans and Latinos–are finding themselves locked out of the job market.  Delaying a conviction inquiry until later in the hiring process, known as “ban the box,” was the rallying cry of formerly incarcerated organizers, which has sparked a movement. Today, NELP champions fair chance hiring policies that encompass removing the check-box and a robust set of policies that ensure a person is judged first on their qualifications, not their past record. With bipartisan wins across the country, there are now 15 states and over 100 cities and counties that have embraced these policies–including some of the nation’s largest retailers. Join us and fight for a fair chance for all workers in your community.

Fair Chance Reform is Growing Rapidly

From 2013 to 2014, more than twice as many jurisdictions adopted policies to reduce hiring barriers for qualified job seekers with a past conviction.

Fair-Chance-Chart

Note: Some jurisdictions were counted twice, because additional policies were adopted for the same jurisdiction in multiple years.

The Fair Chance – Ban the Box Toolkit

The Fair Chance – Ban the Box Toolkit was developed to be a one-stop, comprehensive resource for advocates interested in bringing fair chance hiring reform to their communities.  As a national organization, we’ve benefitted from hearing from leaders and experts like yourself about their local campaigns to expand employment opportunities for people with records.  We’ve distilled these “lessons learned” into the Toolkit, making available ready-to-use materials. Seasoned advocates and policymakers, as well as new organizers, can access Best Practices and Model Policies, Factsheets, Research Summary, and ideas for innovative strategies, like community benefits agreements that include fair chance policies. Questions about the Toolkit or need support for your local campaign? Contact Michelle Natividad Rodriguez at mrodriguez@nelp.org. See NELP’s Fair Chance – Ban the Box Toolkit.

New Yorkers urged passage of the NYC Fair Chance Act at a December 2014 rally by VOCAL-NY and allies.

Ban the Box Q&A

What is “ban the box”? What is a fair chance policy?

“Ban the box” was the rallying cry of All of Us or None organizers that refers to removing the conviction history check-box from a job application.  All of Us or None is a grassroots, civil rights organization led by formerly incarcerated and convicted people. In addition to delaying conviction history inquiries until later in the hiring process, fair chance policies include the following:

  • Integrating the U.S. Equal Employment Opportunity Commission (EEOC) arrest and conviction record guidelines, which require employers to take into account time passed since the offense, whether the offense is related to the job position, and evidence of rehabilitation; and
  • Adopting strong standards of accuracy and transparency to maintain the integrity of background checks when they are required and to protect workers against arbitrary treatment in the hiring process.

For more information, see NELP’s FAQ and Factsheet.

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What doesn’t a fair chance policy do?

An employer is not required to hire an individual under a fair chance policy.  In other words, the employer retains the discretion to hire the most qualified candidate.  Some fair chance policies seek to limit background check inquiries to only those positions deemed sensitive or to limit the availability of certain criminal record information to only recent convictions.  Other policies have no limitations on background check screening except as to delay any inquiries until later in the hiring process. See NELP’s Best Practices and Model Policies for examples, located in the NELP Fair Chance Toolkit.

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Do fair chance policies work?

Yes.  Fair chance policies have been so successful that some cities and states have expanded their policies to include private employers.  Because policies were adopted starting in the early 2000s, several jurisdictions have had years of experience and success.  The locations that have collected data on the fair chance policies show an increase in hiring people with records.  This is consistent with research that indicates that personal contact with an applicant reduces the negative effect of a criminal record on the employment decision.  See NELP’s Research Summary for more information, located in the NELP Fair Chance Toolkit.

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Who supports fair chance policies?

Fair chance policies are supported by policymakers across the political spectrum, law enforcement, faith leaders, labor unions, civil rights and criminal justice reform groups, and more.  The U.S. Equal Employment Opportunity Commission also endorsed the policy.  See NELP’s Voices in Support Factsheet, located in the NELP Fair Chance Toolkit.

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Who has adopted fair chance policies?

Currently 15  states and over 100 cities and counties around the country have adopted fair chance policies.  Six states and many local jurisdictions apply their policies to private employers and/or government contractors.  Target, Walmart, Home Depot, and Bed, Bath & Beyond have removed the question about convictions from their initial job applications.  See NELP’s Voices in Support Factsheet, located in the NELP Fair Chance Toolkit.

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