Criminal Justice

Ban the Box: from a fellow member of the Second Chance Alliance

Daryl V. Atkinson, a Staff Attorney in the North Carolina Office of Indigent Defense Services recently wrote the following op-ed for the NC Public Defender Association newsletter. SCSJ works with Mr. Atkinson as part of the Second Chance Alliance in support of the Ban the Box campaign for fair hiring.

People with criminal records suffer from pervasive discrimination in many areas of life, including employment, housing, education, and eligibility for many forms of social service benefits. “Ban the Box” is a fair hiring campaign that seeks to end the employment discrimination faced by people with criminal records.

In the wake of the terrorist attacks on 9/11 the criminal background check industry has grown tremendously. According to a survey conducted by the Society for Human Resource Management more than 90% percent of companies reported using criminal background checks for their hiring decisions. For many companies, criminal background checks have become the primary screening tool for prospective employees. However, these background checks often return information that is inaccurate, outdated, and unrelated (from any reasonable perspective) to the applicant’s fitness for a particular position. Ban the Box ordinances remove the questions about an applicant’s criminal history from the initial stages of the employment process so the hiring authority can first get an opportunity to learn about the candidate's experience, skills and personality as they relate to the position to be filled.

Delaying the criminal background check until an applicant has been made a conditional offer of employment has improved the employment outcomes for people with criminal records. For example, Minneapolis passed a Ban the Box ordinance in 2007. Prior to the ordinance, only 6% of people with tarnished records were able to find work. After the Ban the Box measure was passed, this figure jumped to 60%, without any increase in theft or violence in the workplace. No other public policy has been shown to provide this level of improvement in transforming people with criminal records into responsible and productive tax-paying citizens.

To date, over twenty cities and five states across the country have passed Ban the Box laws. The policy has proven to benefit potential employees, employers, and communities at large. Workers benefit because Ban the Box ordinances remove the chilling effect that questions about criminal records have on job applicants. Moreover, delaying the inquiry into an applicant’s criminal history levels the playing field by allowing the applicant to be judged on all of their qualifications and experience, not just their criminal record.

Employers benefit from having an increased pool of applicants to choose from and reduced human resource expenses because they are not conducting unnecessary background checks on unqualified applicants. Finally, the community benefits from increased public safety and reduced corrections costs. In sum, Ban the Box is a win-win proposition for people with criminal records, prospective employers, and society as a whole. Currently, the North Carolina Second Chance Alliance is encouraging the City Councils and County Commissions in Durham and Raleigh, NC to pass Ban the Box ordinances.

Bill gives ex-cons a job boost

Source: 
Raleigh News & Observer
Publication Date: 
Wednesday, June 15, 2011
Abstract: 
Durham Second Chance Alliance has been advocating for HB-641 to state elected officials, which would be a large victory against employment discrimination.

Second Chance Alliance battles hiring discrimination

Approximately 40,000 people are currently in North Carolina prisons, half of whom are repeat offenders.

Ninety-five percent of these individuals will eventually leave prison, return home, and seek employment.

Formerly incarcerated individuals face hiring discrimination that keeps them from being able to provide for their families in a meaningful, productive way.

The Durham Second Chance Alliance is working to break down that barrier. The Alliance's proposed Ban the Box ordinance for Durham will remove these questions from the application at the initial stage of the employment process so the hiring authority can first get an opportunity to learn about the candidate's experience, skills and personality as they relate to the position to be filled.

The fight for fair hiring extends well beyond Durham. As a result of statewide pressure, the NC House passed HB 641 (Certificate of Relief), which would establish assistance for folks who have been convicted in dealing with hiring discrimination. The bill is now in the Senate.

The Durham Second Chance Alliance was started by InStepp Inc., N.C. Justice Center, Southern Coalition for Social Justice, Southside Neighborhood Association, and Action NC.

To learn more, visit the Ban the Box page and the NC Second Chance Alliance page on the NC Justice Center Website. To get involved, contact Anthony at anthony@scsj.org.

Durham Marches for Fair Hiring Ordinance

Hundreds gathered in Durham on Saturday, June 4 around a common goal: to end employment discrimination and promote fair hiring. In partnership with the Durham Second Chance Alliance, the Love & Respect Recovery House hosted its 9th Annual Take Back the Streets Community Fair & March. People in attendance took to the streets of North East Central Durham, marching and shouting together, "Ban the Box now!"

The Durham Second Chance Alliance's Ban the Box campaign is part of a national movement that focuses on passing local ordinances for fair hiring practices, such as removing the question, or "box," on job applications that asks if applicants have ever been convicted of a crime or incarcerated. This question drastically hurts the chances of people with criminal records getting a job and being able to be independent and provide for their families. In North Carolina, more than 1.6 million people have a criminal record, and 45% of those under the Department of Correction supervision are African American. Over twenty cities have already "Banned the Box," including San Francisco, Detroit, Boston, Memphis and most recently, Philadelphia.

Among the crowd of supporters were elected officials and local activists who publicly lent their support to the passage of a fair hiring ordinance in Durham. Paul Luebke, NC House Representative for Durham County, spoke of the importance of passing a fair hiring ordinance as opposed to a policy, which is neither permanent nor a law, and could change at the whim of the city or county administration. Durham NAACP Branch President Fred Foster encouraged the audience to set their goals higher and push for Ban the Box to become a statewide issue. He highlighted how this is an issue that disproportionately affects African Americans across the state. Durham City Council-member Mike Woodard commended the event and said there should be more like it to raise awareness for the issue.

Putting a human face on the issue, Clarence Stevenson from the Love & Respect Recovery House, spoke about his past history of incarceration and job-seeking, and the importance of an ordinance in securing opportunities to obtain stable employment.

Durham city and county need to pass a comprehensive ban the box ordinance to ensure that Stevenson and others like him have a fair second chance.

Group wants Durham to 'ban the box'

Source: 
The Herald Sun
Publication Date: 
Monday, May 23, 2011
Abstract: 
The Durham Second Chance Alliance showed up at the May 16 city council meeting to urge council-members to pass a "Ban the Box" ordinance, which would institute fair hiring practices and protect them by law. SCSJ a member of the Alliance.

Judge Greg Mathis: stop discrimination against ex-offenders

Judge Greg Mathis, formerly the youngest person to ever hold the post of superior court judge in Michigan, as well as the host of the popular court show Judge Mathis, has written an op-ed about employment discrimination against ex-offenders in Electronic Urban Report.

According to Mathis: "Every year, more than 700,000 people are released from state and federal prisons: they all need to find work so that they may support themselves and their families, contribute to their communities and to ensure poverty, frustration and desperation don’t force them to return to a life of crime."

SCSJ has been promoting a fair hiring campaign to "Ban the Box", which would remove at the initial state of the employment process questions that ask whether the applicant has been convicted of a crime or been incarcerated . Durham has also recently considered passing an ordinance against this form of discrimination in order to help residents get jobs "based on their current credentials rather than their past indiscretions."

For a safer community, officially 'ban the box'

Source: 
The Herald Sun
Publication Date: 
Thursday, May 12, 2011
Abstract: 
Durham Second Chance Alliance member Phillip Jackson writes about the need for Durham to pass an ordinance to codify into law fair hiring practices that will protect people who have been formerly convicted from job discrimination.

Community Organizers Push to “Ban the Box” in Durham

Source: 
Campbell Law Observer
Publication Date: 
Monday, February 28, 2011
Abstract: 
SCSJ is part of the Durham Second Chance Alliance, fighting for fair hiring through the "Ban the Box" campaign. Read on to learn about the issue.

Scroll down to page 5 and 6 in the publication for the article.

Group says ex-cons should get fair shot at getting a job

Source: 
NBC17
Publication Date: 
Tuesday, December 14, 2010
Abstract: 
Video coverage of the Durham Second Chance Alliance's fair hiring campaign kick-off. The campaign seeks to "ban the box" on job applications that requires people to indicate if they have ever been convicted of a crime. SCSJ is part of the Durham Second Chance Alliance.

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Advocates push to ban felony question from applications

Source: 
The News & Observer
Publication Date: 
Monday, November 22, 2010
Abstract: 
SCSJ is part of the Durham Second Chance Alliance, which convened the Durham gathering mentioned in the article as a kick off to a fair hiring campaign.

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BY THOMASI MCDONALD - STAFF WRITER

RALEIGH - More than 20 years ago, a Warren County Superior Court judge sentenced Wonis Davis to 10 years in prison for second-degree murder. Since his release in 1999, Davis has bagged groceries, cooked, supervised a restaurant kitchen, worked as a church custodian and had two of his fingers sliced off while working in construction.

But his past haunts him every time he fills out an application and has to check the box next to the question: "Have you ever been convicted of a felony?"

Advocates for fair hiring think it's a question Davis and others like him should not have to answer. They want to "Ban the Box."

Gaining momentum across the nation, the movement had seen new laws removing the felony question in Minnesota, New Mexico, Hawaii and New York. About 21 cities, including San Francisco, Cincinnati, Boston, Chicago and Austin, Texas, have already banned the box.

Local advocates want Raleigh and Wake County to take the first step to remove the question on applications for public-sector jobs.

About 150 people gathered in Durham last week to push for city and county ordinances to ban the felony question. A Ban the Box rally is scheduled Dec. 13 at Durham City Hall.

Thousands affected

More than 1.6 million people in North Carolina have criminal records.

The Community Success Initiative, the Raleigh Second Chance Alliance, Congregations for Social Justice, and the N.C. Justice Center all say removing that question in this state is a critical step toward former offenders finding jobs and the economic security that may keep them from returning to prison.

The Community Success Initiative provides support for people coming out of prison and jail. Its founding director, Dennis Gaddy, said 22,000 to 26,000 people come out of North Carolina's prisons each year.

As of August, more than 6,700 people were under the supervision of the state Department of Correction on probation or parole in Wake County alone. In Durham County, nearly 4,000 people are on probation or parole, according to Durham Second Chance Alliance members. Thousands more have criminal convictions.

The issue is "important for a couple of reasons," said Ajamu Dillahunt, an outreach coordinator with the N.C. Justice Center in Raleigh. "Right now the economic crisis we're in makes it difficult for people to find employment. We need to remove the barriers that exist so that people can find jobs."

Employers who invest in people with criminal histories are ultimately investing in the safety of the greater community by helping them secure legitimate employment, he said.

Raleigh manager's take

Raleigh City Manager Russell Allen said he was sure the City Council would be happy to discuss the Ban the Box proposal's merits and listen to why it would be good for Raleigh. But he has concerns about removing the felony question from city applications.

"Particularly for public-sector jobs, we need to bevery aware," Allen said. "The fact of the matter is that employees in the public realm get very close to people's homes, children. And then you have police, fire and other aspects of public safety; energy, water, financial information ... it's important that we have applicants who are truthful and fully disclose whatever is in their background."

Allen said if someone has been convicted of a crime but has managed to turn his or her life around then it's appropriate for that job candidate to submit letters of recommendation and other statements of support to counter the criminal record.

"There's no prohibition against that," he said.

The initial application

But those pushing for the change in Raleigh are only proposing that the question be removed from the initial application so that employers won't be immediately dissuaded by a criminal record before learning more about a job candidate's experience, skills and personality. A criminal background check would still be required before the applicant is hired, but making it to the interview phase would give the applicant a chance to explain the nature of the crime, how long ago it occurred, incarceration and rehabilitation efforts.

Davis, 42, admits that his criminal record was 12 pages long when he was sent to prison, but he says he hasn't been arrested since he was released from prison more than 10 years ago.

"When I see the box, the box doesn't even give you the chance to say, 'That was me then. Look at me now,'" Davis said, taking a break at Blaylock's Barbershop and Hair Salon in downtown Raleigh, where he works as a barber. "I'm always honest, but when I put the charge on a job application, they tell me, 'We don't hire violent offenders here.'"

A difficult journey

Davis has come a long way.

"I got a little breathing room," he said. "It's kind of like swimming - take a stroke and breathe."

He was sentenced to life plus 10 years in prison along with several other people for the second-degree murder conviction. But he said the life sentence was dropped after investigators found that he had little to do with the killing.

"They got me for association," he said.

When he got out of prison, he went to live with his sister in Warrenton. She bought him $150 worth of clothes and let him stay at her house for two months, before she told him to leave because he hadn't found a job.

"I stayed homeless for about three months," he said.

Then temptation and the lure of fast money through crime came calling.

"A guy called me and said he heard about my situation. He offered me a 'care package.' The package was $10,000 in cash and a half-kilo of cocaine."

Small jobs, hard work

Instead, Davis got a job at a Burger King through a friend who knew the manager.

That's how he has beat the box for the past 10 years - by finding work through friends willing to give him a chance.

He worked minimum-wage jobs until he scored a job at a Golden Corral in Warrenton. Davis spent a year working up the ladder to become a kitchen manager in training. Then a new store manager checked his application and accused him of lying about his criminal history.

"I did a telephone interview back then," Davis said. "They accepted it. The new manager came along and said I checked 'No' in the box."

He was fired. Still, there was a silver lining. Davis had acquired enough cooking skills to start his own catering business. Love Life Catering struggled, but Davis figured he was on his way to becoming an independent business owner.

"I didn't have to worry about the box because I can't fire myself," he said.

While he operated his business part time, Davis worked for a Durham construction company and severed two fingers off his left hand in 2006.

In 2008, he attended barber school in Raleigh and went to work at the downtown barbershop where he has built a customer base.

Thursday, he catered a meeting in which former inmates like himself shared their stories and their difficulties trying to find work.

It was an opportunity for them to organize and strategize - to Ban the Box.

Staff writer Anne Blythe contributed to this report.

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