Nix criminal history “box” from applications.
Finding work is a nerve-wracking process for any job hopeful. For 15 percent of Floridians, one question and its accompanying checkbox make applications significantly more daunting: “Have you been convicted by a court?” This question perpetuates inequality and provides a discriminatory loophole to employers.
Most Americans have had an encounter with law enforcement. One in every four adults in the United States has a prior criminal conviction. An estimated 3 million people in Florida have been arrested. Florida disenfranchises felons by denying them the right to vote. The “box” also denies them a chance to work.
As the law stands, employers may ask about convictions in an interview, provided that the crime pertains to the work being performed. It is unjust to disqualify applicants with a blanket question and no opportunity for explanation. Self-disclosure circumvents anti-discrimination legislation, blocking formerly incarcerated people from even getting an interview.
A past conviction has no relationship to current employment prospects. Whether someone was arrested for selling drugs has no impact on that person’s suitability as a data analyst. If this person has the necessary skill set, he should be afforded the same opportunity.
Seven states have changed their hiring practices to reduce discrimination based on arrest or conviction records. There is a patchwork of policies in Florida to Ban the Box, but as of yet no statewide regulation. Clearwater, Daytona Beach, Gainesville, Jacksonville, Miami-Dade County, Orlando, Pompano Beach, St. Petersburg, Tampa, and Tallahassee have implemented these policies for public sector jobs. No jurisdictions have banned the “box” for private employers. Florida releases 33,000 inmates every year. Statistically speaking, most of these individuals are people of color. Without legislation to prevent employment discrimination, we will likely see continued trends of income inequality based on race in Florida’s future. This ban is an easy way to make progress toward closing the gap.
African-Americans are twice as likely to be unemployed and looking for a job. Florida TaxWatch notes that the employment opportunity is further reduced by 75 percent for individuals with criminal records.
A central issue at play with the “box” is that African-Americans are more likely to have criminal records than their white counterparts, irrespective of income. While this may seem to indicate that income does not decrease one’s likelihood of incarceration, it reveals a more troubling problem of structural discrimination.
Without stable employment prospects, Floridians face higher rates of recidivism. About 8,700 released individuals return to prison within three years. One New York Times article discussed how this puts African-American men at a disadvantage. When these men are incarcerated, “black boys” lack employed male role models. Lack of intergenerational employment opportunities widens the income and wealth gap in communities of color.
Even if you have never known someone who has been convicted of a crime, you can imagine how a “box” could affect those who commit youthful offenses, like a DUI. If such mistakes screened you out, wouldn’t we demand a second chance? The criminal history “box” limits one’s ability to explain a crime, but also treats all crimes the same.
Furthermore, if someone wants to work, shouldn’t we let him do just that? The “box” limits millions of Floridians from trying to pick themselves up by the bootstraps.
Mayor Buddy Dyer has promised to make Orlando “the best place in America to live, work, play, and raise a family.” It is not a small leap to extend this mission to all Florida legislators. We must live up to these promises and “ban the box” for all employers.