Politics & Government
‘Ban The Box’: Ex-Inmates Deserve Work Too, Lawmakers Say
Should employers have the right to ask about a job applicant's criminal history before hiring them?

It’s tough enough trying to find a job in today’s employment market. But for former convicts who have jail time on their records, the search for work can be frustratingly unfair.
On Wednesday, U.S. Senator and former Newark Mayor Cory Booker’s “Fair Chance Act” was re-introduced in the United States Senate. The bill – which has gained bipartisan support - would prohibit federal employers and contractors from asking a job applicant about his or her criminal history until the final stages of the interview process.
The Fair Chance Act was first introduced in September 2015; it passed unanimously out of the Homeland Security and Governmental Affairs Committee in October 2015.
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Read the full text of the bill and see a list of sponsors here.
The potential law would affect some of the nation’s largest employers, such as the U.S. Postal Service and the Executive Office of the President.
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The bill includes some “common sense exceptions” for jobs related to law enforcement and national security, jobs dealing with classified information and other jobs requiring criminal history information, a statement from Booker’s office said.
- See related article: Obama Visits Newark To Discuss Criminal Justice Reform In America
“The barriers faced by incarcerated people when they try to transition back into society are a big part of why our criminal justice system is so broken,” Booker asserted. “Our bill helps to address this challenge by giving those who have paid their dues a second chance by putting jobs in the federal government or with a federal contractor within reach. At the same time, the bill also includes safeguards for employers. By improving employment prospects for returning citizens, we will not only better live up to our ideals, but will help reduce recidivism rates and make our communities safer.”
According to its sponsors, the Fair Chance Act would:
- Ban the federal government from requesting criminal history information from applicants until they reach the conditional offer stage.
- Prohibit federal contractors from requesting criminal history information from candidates for positions within the scope of federal contracts until the conditional offer stage.
- Include important exceptions for positions related to law enforcement and national security duties, positions requiring access to classified information, and positions for which access to criminal history information is required by law.
- Require the Bureau of Justice Statistics, in coordination with the U.S. Census Bureau, to issue a report on the employment statistics of formerly incarcerated individuals.
According to Republican co-sponsor U.S. Sen. Ron Johnson (Wisconsin), the “dignity of work” is one of the best weapons that society has to keep people from turning back to a life of crime.
“If someone getting out of prison wants to work and be a productive member of society we should do everything possible to facilitate that,” Johnson said.
- See related article: Newark Plans To Give 75 Ex-Cons Jobs, Healthcare
- See related article: Ex-Cons Open Jewelry Kiosk At Airport
Send feedback to eric.kiefer@patch.com
Photo: An officer supervises a federal inmate who is servicing a government vehicle (via the Federal Bureau of Prisons)
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