Ban the Box

After many years of “tough on crime” positions by politicians without regard to government budgetary implications, and the economic and social impact on low income and black and brown communities, popular sentiment has finally shifted and forced Congress to address criminal justice reform in a meaningful way. Our client is the chair of the Senate Judiciary Committee and wants our help getting their initiative passed. This will be an extremely politically sensitive project, and Congressional leadership on both sides have decided to consider rewriting the laws they previously co-sponsored in their decades in office. In order to both ensure their re-election and prevent making waves that would interfere with their campaign contributions, they have decided to “Ban the Box”. “Ban the Box” means remove the check box in job applications that asks applicants upfront to declare whether they have a criminal record. This box is often used as a disqualifier which makes it exceedingly difficult for Formerly Incarcerated Persons (FIPs) and those with any justice-involvement to find jobs commensurate with their qualifications. A major part of this bill will be not only the elimination of the checkbox on applications, but also regulating the appropriate use of criminal background checks after a conditional offer is made. Members of Congress on both sides feel that this bill will: 1. Create a more equitable environment for FIPs to re-enter society as well as a fair chance for people with justice involvement; 2. Lower their likelihood of recidivism; and 3. Balance the need for employers to consider relevant factors in their hiring processes. What factors would you consider when advising the client on a nationwide “Ban the Box” bill?