Ban the Box: The Concerns and the Facts
The moment I heard this I became extremely shocked at how uninformed I was about the world around me to the point of not noticing the discrimination that is openly occurring everywhere. Just in case you are still unaware of what I am talking about, here's a clue to help you understand: the Ban the Box campaign.
The Ban the Box campaign began in 2004 by the All of Us or None organization, a human and civil rights activists group that advocates for the formally and currently incarcerated individuals and their families. The organization has been fighting the employment system that has been around for many years, specifically in regards to the "box".
I am sure many of you, when filling out an application, have been confronted with the question, "Have you been convicted of felony? check one: yes or no", this is the "box" they are referring to. This is what the campaign is all about. As stated in the Legal Services for Prisoners with Children website, "The goal of All of Us or None is to strengthen the voices of people most affected by mass incarceration and the growth of the prison-industrial complex. Through our grassroots organizing, we are building a powerful political movement to win full restoration of our human and civil rights".
The Ban the Box campaign is basically trying vanish this conviction question, that appears in employment, education, and housing applications, in order to give a fair chance to individuals who have some sort of conviction in their history. Through out the years, this box has deterred many individuals from successfully integrating back into society, therefore they urge individuals to support their campaign in order to gain full restoration of there rights.
You may be wondering however, how is this box correlated with the Civil Rights Act of 1964. Actually, the correlation is not a good one, but instead due to the box, everything that was abolished in 1964 has become acceptable for this community of formerly and currently convicted individuals, "These questions mean lifelong discrimination and exclusion because of a past arrest or conviction record."And this is simply unjust. Many individuals are trying to become productive in the system we live in and not only provide for themselves, but also for their families; "Studies have shown that three out of every five formerly incarcerated folks remain jobless one year after they are released from prison." Seeing the boxed check for many employers is an application that has no value, no matter the competency they may have.
I think putting ourselves in their shoes we can begin to understand the struggle they face when trying to get a second chance in society. They can't find jobs, they don't have the support and communication from society, housing does not allow them to live in certain areas (therefore not being able to live with their family and have the support they need), and employment becomes so much more difficult .
However when you take look at the other side of the coin you see all the concerns that many individuals, family members, parents, and children have about taking off this box from applications. The feeling of insecurity can arise, no longer making individuals feel safe in the work place, education setting, and housing. As individuals we might not be as comfortable having someone who has been convicted with a felony, however banning the box does not mean that employers will not have the ability to do background checks.
New jersey has also joined in with the Ban the Box campaign and in their fact sheet they state:
Ban The Box laws do not prevent employers from conducting background checks. They do notThis makes it clear that background checks are still allowed and occurring with the enactment of these "Fair Chance Policy" (which advocates for the Ban the Box campaign). The only ate ration to these will be that employers will be able to do these after the hiring process, in order to ensure equal opportunity in getting a job.
require an employer to hire an unqualified applicant. They do not eliminate an employer’s discretion to hire only people suitable for the position. They do not override any existing laws placing restrictions on eligibility for particular positions. They simply ask employers to consider an individual’s full application, providing a realistic opportunity for a person who has changed his or her life.
In regards to the concerns of public safety, in the National Employment Law Project's Fact sheet it states that it reduces recidivism rates and increases public safety. Based on their research summary,
A 2011 study of the formerly incarcerated found that employment was the single most important influence on decreasing recidivism, and that two years after release nearly twice as many employed people with records had avoided another brush with the law than their unemployed counterparts.As shown, the public safety is overall increased with the equal and fair chance of applying for jobs. Recidivism rates were also shown to have decreased from a 52.3 to a 16 percent recidivism when employed for a year, while a decrease of 20% for even 30 days.
One last final point I would like to make is that the implementation of Fair Chance policies, just as was shown in the previous research summary for other locations that have implemented this police, will also help the economy in bringing more money to taxpayers and more to sales revenue.
Overall, I do understand the concerns of many individuals regarding public safety but if we begin to give this opportunity to individuals who have been convicted with a felony, then as time progresses these results will increase for the better of society. Recidivism rates will decrease, the economy will improve, and most importantly felons will have the opportunity to live a life with the civil and human rights that they are guaranteed through the Civil Rights Act of 1964.
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I heard about the ban the box campaign when it initially came out and I must say I was completely against it. The thing is I understand everyone makes mistakes but if I want to hire someone to work in my house, in my business, or any other sphere that has to do with me I want to know whether that person has ever taken part in any criminal activity. I’m not for banning the box whatsoever because in more cases than one these individuals were a threat to society and for that reason were put away. I understand that there are always exceptions like the girl or guy who steals to help their family who comes from a low-economic background or the girl/guy who kills their abusive partner. It is important however to note that these situations are exceptions and not the actual norm. As much as the argument about the box being unfair because it’s a form of discrimination, the argument that to not give employers a vital piece of information is equally valid.
ReplyDeleteAll in all, I’m definitely against this. I understand that it’s a form of discrimination but to group them in with the rest of the general population- well, that’s just unfair..
I understand the concerns that many have about this campaign, especially when it deals with individuals that might be convicted with sexual offenses like rape. However their is a misunderstanding that background checks will not be allowed and that is not true. As stated in the Ban the Box Fact Sheet,"the bill does not prevent employers from asking about conviction status, nor does this bill prevent criminal background checks". (http://www.drugpolicy.org/resource/ban-box-fact-sheet) Convictions are not only people who commit sexual assaults or the selling of drugs (which are extremely serious), but also things like shoplifting and trespassing, which in my opinion are not a sufficient reason to mark a person as a felon for the rest of their life. This label potentially negatively impacts theirx future in all aspects, being subject to consistent discrimination and stigmatization. I personally think misdemeanors therefore should not be marked as a felony, but that's another topic of its own.
ReplyDeleteI understand the concerns that many have about this campaign, especially when it deals with individuals that might be convicted with sexual offenses, like rape. However their is a misunderstanding that background checks will not be allowed and that is not true. As stated in the Ban the Box Fact Sheet,"the bill does not prevent employers from asking about conviction status, nor does this bill prevent criminal background checks". (http://www.drugpolicy.org/resource/ban-box-fact-sheet)
ReplyDeleteConvictions are not only people who commit sexual assaults or the selling of drugs (which are extremely serious), but also things like shoplifting and trespassing, which in my opinion are not a sufficient reason to mark a person as a felon for the rest of their life. This label potentially and negatively impacts their future in all aspects, being subject to consistent discrimination and stigmatization. I personally think misdemeanors therefore should not be marked as a felony, but that's another topic of its own.
I have personally never put much thought into this campaign until reading your post. Perhaps because it is now a bit more relevant to my life. I recently was applying for an internship and the process I went through sounds much like what the campaign stands for. I had my interview and was given the opportunity for a job, then I received the paperwork asking about a possible criminal background. At a first glance, I had a negative view of this campaign as I believed in the misconception that background checks were not being completed at all. But, I have come to believe that this campaign would equalize the playing field for those who have spent time in prison but have moved on from that point of their lives. I appreciate that the severity and occurrence of the crimes committed are not being forgotten, overlooked, or excused. And do believe that this campaign will help many people who are not supported and stuck flat on their feet when coming out of jail or prison with no help, no support, and nothing to help them progress.
ReplyDelete