Recent Legislation Establishing Standards for Hiring People With Criminal Records
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Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Exempt Employment Categories Time Limit On Convictions that Employers May Consider Employer reviews qualifications of individual before history is obtained. Under exigent circumstances, an Awarding Authority may grant a waiver of practices and polices relating to criminal history inquiries on a contract by contract basis. (a) one year following release from custody or supervision for misdemeanor offenses (b) two years following release from custody or supervision for felony offenses (c) three years following completion of a felony sentence in prison as a result of having been denied parole or having violated parole. Required Considerations (Ban the Box) Effective Boston City Ordinance: CBC Chp. IV: 4-7 Ensure that the City of Boston and persons and businesses supplying goods and services to City of Boston deploy fair policies relating to the screening/ identification of persons with criminal backgrounds. Yes See CBC Chp. IV: 4-7.4 Waivers Applies to: City of Boston and City of Boston Vendors Chicago Mayor’s Office Administrative Rule Change Relevance of crimes Number of crimes Age of crimes Seriousness of crimes Occurrences in life of applicant since crimes • Passage of time since conviction Evidence of rehabilitation Balance the nature and severity of the crime with other factors Mass. Regs. Code tit. 803, §3.06 http://www.nelp.org/do cUploads/BostonCORI Ordinance%2Epdf Effective • • • • • * End blanket no hire policies in Mayor’s office concerning individuals with criminal histories. Yes Yes N/A Pending • • *Adopt internal guidelines for the City of Chicago’s personnel policies regarding criminal background checks and advocate for fair employment standards. Applies to: Mayor’s Office http://egov.cityofchicag o.org/city *Not yet implemented, with City of Chicago Legal Department 1 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Effective Indianapolis and Marion County City County Council City of IndianapolisMarion County, Indiana Proposal No. 97, 2006 Applies to: City, County employers and certain contractors who work with the City and County 1) Encourages the development of a program for the employment of previously incarcerated persons, where appropriate, by the Consolidated City and County and certain contractors with the Consolidated City and County. No N/A N/A N/A N/A 2) Calls for a general resolution requiring the Department of Administration and Equal Opportunity to initiate a study that leads to a hiring policy for the Consolidated City and County for the employment, when appropriate job opportunities arise, of Marion County residents who have been previously incarcerated. Sponsors: Councilors Sherron Franklin, Issac Randolph, Dane Mahern, and Vernon Brown http://www6.indygov.o rg/council/proposals/20 06/PROP06-097.PDF 2 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Exempt Employment Categories Only after a conditional offer is made but before a medical test, if one is required. City positions requiring a background check include but are not limited to: all police, fire, and water positions; any other classification that works with children; any other classification that handles money directly or has significant authority in transferring city funds; and any classification that drives for the City. Time Limit On Convictions that Employers May Consider Required Considerations (Ban the Box) Effective Minneapolis Resolution of the City of Minneapolis, Minnesota Direct the Human Resources Department to develop and adopt model hiring provisions to ensure individuals with criminal records are not unreasonably denied employment with the City of Minneapolis. Yes. 15 years • • • Relationship of crime to the purposes of regulating public employment sought Nature and seriousness of crime Relationship of crime to ability, capacity, and fitness required for job Sponsors: Councilors Elizabeth Glidden and Don Samuels http://www.ci.minneap olis.mn.us/council/2006 meetings/20061222/Do cs/FairHiringPractices DRAFT_Resl.pdf 3 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Effective San Francisco City Resolution No. 764-05 Applies to: City and County of San Francisco Urge the Civil Service Commission and Department of Human Resources to review and revise current policies and procedures where appropriate so that people who have been in prison or convicted of criminal activity are not unreasonably denied city employment. Yes Comply with the stipulations contained in the proposed resolution, “Resolution City of St. Paul, Minnesota,” including removing the question of criminal records from initial employment application. The Mayor is also authoring a letter to the private sector urging companies to follow the lead of the City in hiring practices. Yes Past convictions considered only after the applicant has been identified as a serious candidate for the position. In its job announcements, the City attempts to identify any convictions that preclude employment in a particular job. N/A • • • Relationship of crime to job Evidence of rehabilitation Severity of crime http://www.sfgov.org/si te/uploadedfiles/bdsupv rs/resolutions05/r076405.pdf Effective St. Paul Mayoral Directive to the City of St. Paul’s Human Resources Department Applies to: City Employers A background check will not be conducted on an applicant not otherwise qualified for the position. Positions include, but are not limited to: all police, fire and water positions; any other classification that works with children; any other classification that handles money directly or has significant authority in transferring city funds; and any classification that drives for the City. 15 years • • • • Relationship of crime to the purposes of regulating public employment sought Nature and seriousness of crime Relationship of crime to ability, capacity, and fitness required for job Sufficient evidence of rehabilitation Sponsors: City of St. Paul, Mayor’s Office http://www.nelp.org/do cUploads/St%2EPaulP olicy%2DMemo%2Epd f 4 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Exempt Employment Categories Employers may inquire only after a conditional offer has been made. Does not apply to employers who are expressly permitted to inquire into an individual’s criminal history for employment purposes pursuant to any federal or state law. Time Limit On Convictions that Employers May Consider Required Considerations (Ban the Box) Effective Establish guidelines for employers regarding inquiries into conviction records. Yes Hawaii Hawaii Revised Statute: § 378-2.5 Most recent 10-year period excluding any years of incarceration. • • See Statute § 378-2.5 Section (d) 1-17 Convictions can be considered insofar as they rationally relate to employment Offer may be withdrawn if conviction bears direct relationship to position Applies to: All public and private employers except the federal government http://www.hawaii.gov/ hcrc/HRS378.html Effective Illinois House Joint Resolution 107 Establishes a legislative task force on employment of persons with past criminal convictions. Provide recommended legislation to aid people with criminal records obtain employment without increasing risk to other persons or property. No N/A N/A N/A N/A Applies to: Public and Private Employers http://www.ilga.gov/leg islation/fulltext.asp?Do cName=&SessionId=5 1&GA=95&DocTypeI d=HJR&DocNum=8& GAID=9&LegID=2715 9&SpecSess=&Session = 5 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Effective Illinois Provides a tax credit to employers that hire qualified individuals, (veterans and people with criminal records). No N/A Individuals convicted of violent crimes, criminal sexual offenses, and Class X felons. N/A Set standards prohibiting employment discrimination based on conviction record. No N/A N/A N/A Public Act 094-1067 (SB 1279) Applies to: Public and private employers Effective Kansas Statutes Annotated §22-4710 Applies to: Public and private employers • • Direct relationship between job and criminal history Reasonable bearing of the criminal history on the applicant’s trustworthiness or the safety of customers and employers http://www.lac.org/tool kits/standards/Kansas% 20Employment%20Dis crimination%20Statute. pdf 6 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Exempt Employment Categories Time Limit On Convictions that Employers May Consider Required Considerations (Ban the Box) Effective Minnesota Minnesota Statutes Chapter 364 Applies to: State employers http://ros.leg.mn/bin/ge tpub.php?pubtype=ST AT_CHAP&year=2006 §ion=364#stat.364. 03.0html Encourage and contribute to the rehabilitation of criminal offenders and to assist them in the resumption of the responsibilities of citizenship. No N/A Exceptions include law enforcement, school district employment, juvenile corrections, fire protection, private detectives, emergency medical services personnel, commercial drivers, school bus drivers, and those individuals seeking licenses to practice medicine. 15 years • • • Nature and seriousness of crime Relationship of crime to ability, capacity, and fitness required for job Competent evidence of sufficient rehabilitation to perform duties of public employment http://www.revisor.leg.state.mn. us/stats/364/09.html 7 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Effective New York State New York Correction Law Article 23-A Sections 750--755 Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses Applies to: Public agencies and private employers http://public.leginfo.stat e.ny.us/menugetf.cgi?C OMMONQUERY=LA WS Prohibits denial of employment or licensure by reason of a finding that applicant has been previously convicted of one or more criminal offenses, or by reason of a finding of lack of “good moral character” when such finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses. No N/A Except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an executive pardon, certificate of relief from disabilities or certificate of good conduct N/A • • • • • • • The specific duties and responsibilities necessarily related to the license or employment sought. The bearing, if any, the criminal offense(s) will have on his fitness or ability to perform one or more such duties or responsibilities. The time which has elapsed since the occurrence of the criminal offense or offenses. The age of the person at the time of occurrence of the criminal offense(s). The seriousness of the offense or offenses. Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct. The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public. 8 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Effective Wisconsin Wisconsin Fair Employment Law Applies to: All employers http://nxt.legis.state.wi. us/nxt/gateway.dll?f=te mplates&fn=default.ht m&vid=WI:Default&d =stats&jd=111.31 It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family and all the people of the state. No N/A N/A N/A • Employers can only consider convictions insofar as they substantially relate to the particular nature of the employment or affect an applicant’s bondability. 9 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Proposed Alameda County (California) Resolution of the Board of Supervisors of Alameda County Resolution No. 2006389 Urges the Civil Service Commission and the Department of Human Resource Services to review and revise current policies and procedures, where appropriate, so that individuals in our society who have previously been incarcerated or convicted of criminal convictions are not unreasonably denied or prohibited from equally competing for County employment. Yes N/A N/A N/A Evidence of rehabilitation Urges city agencies to evaluate their hiring policies in regards to ex-offenders in order to promote ex-offender employment and safety in the city of Baltimore and to promote the employment of ex-offenders in municipal jobs. No Background check is not done until after hiring. Personal information, i.e. social security and/or fingerprinting cannot be asked for until hiring is complete. Police Officer. Steering Committee is urging each city department and agency to review exempt categories. Depends on agency and sensitivity of the position sought. N/A Applies to: Alameda County employers http://www.nelp.org/do cUploads/AlamedaRes olution%2Epdf Proposed Baltimore Baltimore City’s Reentry and Reintegration Steering Committee http://www.oedworks.c om/exoffender.htm (see minutes) 10 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Proposed Cambridge, Massachusetts City Council Policy Order Resolutions 0-14 0-35 <http://www.cambridge ma.gov/cityClerk/Search Results.cfm?searchType =keyword&newSearch= 1&keyword=CORI&dat e_lo=4%2F24%2F2006 &date_hi=&search3=Sea rch> Resolutions: 0-14 & 0-35 City Manager and Mayor initiative to create a safety taskforce to analyze the impact of city hiring practices. No N/A N/A N/A N/A City Council support of a discussion pertaining to a referendum to make much needed changes to law in the area of granting pardons to ex-offenders who cannot now find employment due to unintended consequences of the present law. 11 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Proposed Chicago Resolution to Memorialize the Illinois General Assembly and the United States Congress to Include the Previously Incarcerated (Ex-offenders) as Party to the Civil Rights Act of 1964 Urge the City of Chicago to work with the Illinois General Assembly and the United States Congress to craft and adopt standards for public and private employers to guide the consideration of qualified candidates with criminal histories for employment. Yes N/A Law Enforcement or areas in which predatory sex offenders could do harm N/A • • • • Length of time since conviction/ incarceration Rehabilitation Offense category Education and employment experience Applies to: Public and private employers Sponsored By: Ed H. Smith, Alderman-28th Ward 12 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Proposed Indianapolis City County Council City of IndianapolisMarion County, Indiana Proposal No. 427, 2006 Applies to: Vendors who do business with the City and County Sponsors: Councilors Sherron Franklin and Isaac Randolph Amends the Revised Code of the Consolidated City and County by amending Chapter 581, Human Relations, Equal Opportunity by adding section (b). No N/A N/A N/A N/A Calls for the amendment of present City and County contracting procedures with outside vendors, in order to provide previously incarcerated individuals an opportunity to work in their community. http://www.indygov.org /NR/rdonlyres/e6aegj2c cbjfiea5twx23hhnjxqvd yudumsou2qclqjp4yrmv 4ifdwqgqvyjqti3edowf2 qgs3nlivfd6yz3okcsmgg /Prop427.pdf 13 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Exempt Employment Categories Time Limit On Convictions that Employers May Consider Required Considerations (Ban the Box) Proposed Los Angeles County & Los Angeles City Council Request for Criminal Conviction History on Employment Applications Department of Human Resources 1) Conduct a comprehensive analysis to determine to what extent departments are inappropriately disqualifying applicants due to prior convictions. 2) Examine the feasibility of implementing an application process which does not deter qualified and rehabilitated individuals from applying for employment. 3) Develop recommendations to improve training of human resources personnel in order to eliminate any unfair discrimination against qualified and rehabilitated applicants. No • • • • 15 Departments: during final selection process 17 Departments: after job offer 4 Departments: at time of new hire orientation 3 Departments: after initial selection interview Any applicant for County employment who has been convicted of workers’ compensation fraud is barred from employment with the County of Los Angeles. (Ord. 2004-0044 § 1, 2004.) Departments: Beaches and Harbors, Children & Family Services, Community Development Commission, County Counsel, Museum of Art, Museum of Natural History, Ombudsman, and Parks & Recreation 10 years. No time limit on sexual offenses or for registered sex offenders. Specific serious felony convictions over 10 years old will also be reported. • • • • Age of applicant at time of offense Recency of offense Relationship between the offense and position Evidence of rehabilitation Applies to: Los Angeles County Departments http://dhr.lacounty.info/ cms1_049433.pdf http://www.nelp.org/doc Uploads/L%2EA%2EPe rry%2DResolution%2E pdf 14 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Proposed Newark, NJ City of Newark 100 Day Plan The Mayor and the City Council will reduce legal restrictions in municipal hiring and contracting for residents with criminal records, where appropriate. No Performance of a background check only after an individual is determined to be otherwise qualified for a position for which certain kinds of convictions are deemed relevant N/A N/A Individualized consideration, with the opportunity to provide evidence of rehabilitation and to contest accuracy of information contained in the background check Applies to: City employers and contractors who do businesses with the City http://www.ci.newark.nj .us/100DayPlan/100Day_Plan.pdf 15 Recent Legislation Establishing Standards for Hiring People with Criminal Records Purpose Eliminates disclosure of past criminal convictions on employment applications Background Check Stipulations Time Limit On Convictions that Employers May Consider Exempt Employment Categories Required Considerations (Ban the Box) Proposed Philadelphia Bill No. 060578 Applies to: City agencies, all private companies that do business with the City, and private employers who employ more than 10 people Sponsor: Council Member Donna Reed Miller http://webapps.phila.gov /council/attachments/21 44.pdf Amends Title 9 of the Philadelphia Code, entitled “Regulation of Businesses, Trades, and Professions,” by enacting a new Chapter 9-3000 entitled “Fair Criminal Record Screening Standards,” to establish provisions and requirements for the screening of criminal records by certain employers within the City of Philadelphia, all under terms and conditions Yes • • • No City or County agency or private employer shall conduct a criminal background check unless it is required by law or the employer has determined the position to be of such sensitivity that a criminal background check is warranted. The criminal background check shall be conducted through the Pennsylvania State Police only. Prior to conducting a criminal background check on an applicant, a City or County agency or private employer must first review the qualifications of the applicant and determine if the applicant is otherwise qualified for the position. N/A N/A • • • • • • Specific duties and responsibilities necessarily related to license or employment sought The bearing the criminal offense(s) will have on his fitness or ability to perform duties and responsibilities The time elapsed since the offense(s) The age of person at the time of occurrence of offense(s) The seriousness of the offense(s) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct. 16