Why we should care if that ex-convict can get a job in Colorado
There’s an old saying that you can’t judge a book by its cover. This adage is particularly true for individuals attempting to move on with their lives while battling the stigma of a past criminal conviction.
People with criminal histories face collateral consequences that cast a long shadow on their lives, most notably the loss of employment opportunities.
House Bill 1025 seeks to remove barriers to gainful employment. The bill, if passed, would prohibit employers from advertising that a person with a criminal record cannot apply for a position. It would also prohibit an employer from asking about a person’s criminal history on an initial job application.
The bill is commonly referred to as “Ban the Box.” The “box” is the section on a job application requiring the applicant to disclose any prior convictions by checking either yes or no.
The proposed legislation does not prohibit an employer from asking the applicant about his or her criminal history during an interview or conducting a subsequent criminal background check.
HB 1025 includes an exemption for when a person with a criminal history is prohibited by law from being employed in a particular job, or when an employer is required by law to conduct a criminal background check for a particular position. For example, public school teacher applications are exempt because state law dictates that certain convictions are disqualifying.
Rep. Leslie Herod, one of the prime sponsors of the bill, summarizes the purpose as “simply about giving people a chance. A chance to tell their story face-toface with a prospective employer, and a chance to get to work.” Why should we care?
Our communal interest in a robust economy, strengthening families, and improving the safety of our neighborhoods requires us to think outside of the box. People with jobs contribute to the economy, instead of draining it, are less likely to commit a crime and return to prison.
Shockingly, 77 million Americans, or 1 in 3 adults, carries a criminal record. Approximately the same number of Americans with a college diploma. Here, in Colorado, the legislation proclaims that 1.5 million individuals are listed in Colorado’s criminal history database.
The Colorado Center on Law and Policy reports that more than 60% of formerly incarcerated individuals are unemployed one year after being released. Those who find jobs take home 40% less annually than those who have not been incarcerated. These factors contribute to Colorado’s high rate of recidivism. Approximately 50% return to prison within three years for either a technical violation or new crimes.
In turn, this creates a significant social and economic tension that fosters poverty, homelessness, and necessitates other public assistance for individuals and families alike.
To reduce recidivism, Colorado and local jurisdictions, have embarked on a series of criminal justice reforms. In 2012, Colorado banned state agencies from looking into an applicant’s criminal history until the applicant was a finalist for the job or given a conditional job offer. Efforts are also being made to reintegrate prisoners back into society through workforce development, training and education.
The goal of HB 1025 is to allow all job applicants to start on an even playing field, based on merit, not snap judgments or fear. When a candidate with a prior conviction is picked for consideration, employers can then vet various factors like the nature of the conviction, the direct relationship between the conviction and job duties and responsibilities, the length of time since the conviction, whether the applicant has been rehabilitated and other good conduct.
Ban the Box laws have succeeded in increasing callback and employment opportunities for people with criminal records. However, some research has shown that when employers have less information about an applicants’ criminal history, there is unconscious discrimination in the hiring process, primarily against minority males without criminal records.
Title VII allows individuals to sue employers for discrimination based upon race in the hiring process. However, these cases are difficult to prove. In order to strengthen the fabric of our communities, legislators should pass HB 1025 and collect data in order to evaluate whether they need to strengthen the employment discrimination laws in Colorado.
Doug Friednash is a Denver native, a partner with the law firm Brownstein Hyatt Farber and Schreck and the former chief of staff for Gov. John Hickenlooper.