Scott Joins Over 70 House Democrats Urging President Obama to Adopt Fair Chance Hiring
WASHINGTON - Today, Congressman Robert C. “Bobby” Scott (VA-03), Ranking Member of the Committee on Education and the Workforce, joined more than 70 Members of the House of Representatives – led by Congresswoman Barbara Lee (CA-13) – in issuing a letter to President Barack Obama to adopt a federal fair chance hiring policy. This effort was co-led by Reps. John Conyers (MI-13), Danny Davis (IL-07), and Sheila Jackson Lee (TX-18).
“The federal government should not be in the business of erecting barriers between those who have made a mistake and are looking a job,” said Rep. Lee. “By enacting these basic fair chance hiring reforms, the federal government will continue to lead as a model employer while working to end the cycle of mass incarceration, unemployment and recidivism.”
There are more than 70 million Americans with criminal records and communities of color are disproportionally affected. One in three African American men will be arrested during their lifetime.
The letter calls on President Obama to take executive action requiring federal contractors and agencies to refrain from inquiring about an applicant’s criminal record in the initial stage of hiring. Employers would be able to inquire about convictions and conduct background checks before making an employment decision.
The letter reads: “We urge you to build on your administration’s commitment to adopting fair change hiring reforms by committing the federal government to do its part to eliminate unnecessary barriers to employment for people with criminal records.”
“The EEOC has ruled that discrimination based on prior convictions without an individualized assessment of the relevance to job performance constitutes illegal employment discrimination,” said Rep. Scott. “The Fair Chance practices, also known as ban the box, are consistent with that EEOC guidance. Studies have consistently shown that properly tailoring employment restrictions will help to increase public safety, reduce recidivism, and save money.”
Specifically, the letter notes that seventeen states, the District of Columbia and more than 100 cities and counties have already adopted fair chance hiring reforms. In six states, the policy also expands to the private sector. Several private sector firms have also independently adopted fair chance hiring policies including: Walmart, Koch Industries, Home Depot, Bed Bath & Beyond and Target.
“Banning the box in federal hiring would help those who are fighting for a fair opportunity to show their qualifications for employment. This is the right thing to do for individuals seeking to provide for themselves and their families, and it is the smart thing to do for our national economy which sorely needs the talents and contributions of all of our citizens,” said Conyers, Ranking Member of the House Judiciary Committee.
“The cruel, relentless logic of mass incarceration has now become apparent to all. One in four Americans has a conviction history which often excludes them from the workforce and from housing creating new layers of crisis for our communities,” said Rep. Davis. “Ban the box is a critical step for formerly incarcerated individuals to a dignified, productive civilian life and helping families and communities become self-sustaining once again.”
“Almost one in three adults in the United States has a criminal record that will show up on a routine criminal background check. This creates a serious barrier to employment for millions of workers, especially in communities of color hardest hit by decades of over-criminalization,” said Jackson Lee, Ranking Member of the Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. “Nationwide, 100 cities and counties have adopted what is widely known as ban the box so that employers consider a job candidate's qualifications first, without the stigma of a criminal record. These initiatives provide applicants a ‘fair chance’ by removing the conviction history question on the job application and delaying the background check inquiry until later in the hiring. Fair Chance policies benefit everyone because they are good for families and the local community.”
The effort was supported by various groups including Policy Link, the American Civil Liberties Union (ACLU), National Employment Law Project (NELP), PICO Networks LIVE FREE Campaign, and All of Us or None, a national organizing initiative founded by formerly-incarcerated individuals to fight against discrimination and for the human rights of prisoners.
The letter can be found here.
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