DENVER – A House committee on Tuesday advanced legislation that would prohibit some employers from asking about a person’s criminal background on an initial application.
The effort is known as “ban the box,” referring to the box on some job applications to disclose any criminal past, especially felonies.
The bill’s sponsor, Rep. Beth McCann, D-Denver, acknowledges the messaging around “ban the box,” but she believes the issue is more about “responsible re-entry.”
On Tuesday, dozens of people with a criminal past, along with organizations that advocate for them, lined up before the House Judiciary Committee to tell emotional stories of struggling to find work and readjusting to society after stints in prison.
The bill passed the Democratic-controlled committee 6-5 on a party-line vote, which means the measure would have an uphill climb in the Republican-controlled Senate. It now heads to House Appropriations before going to the full House.
“I was on the verge of wanting to throw the towel in and go back to prison,” said Robert Martinez, who described his struggle after spending nearly 30 years in prison.
“Every time I went to look for a job, which was daily, I was met with a box, regardless of whether I was qualified for the job or had the experience, it didn’t matter ...” Martinez continued. “I still have no illusions. With this box, regardless of how many accolades, degrees, whatever I have, this box is going to hinder me.”
The legislation would prohibit an employer from inquiring about an applicant’s criminal past until the candidate has been offered an interview or a conditional offer of employment.
Exemptions would exist for jobs that require a criminal background check by law.
For employers with 14 or fewer employees, the first violation would include a warning and an order requiring compliance. The second violation would include a fine up to $500. A third violation would result in a fine up to $1,000.
Employers with more than 14 employees would also face a warning on the first violation. A second violation would include a fine up to $1,000. Third and subsequent violations would include a fine up to $2,500.
Business owners object to the legislation because they fear another mandate.
Their argument comes down to four points: choosing an employee takes time and research; prohibiting the question would create false expectations that an applicant would be chosen; employers need to worry about workplace safety; and the law would create an uneven playing field by exempting some businesses.
“We, as employers, are not insensitive to the stories of the witnesses who came here today ... We are not against giving individuals a second chance in employment,” said Loren Furman, senior vice president of state and federal relations for the Colorado Association of Commerce and Industry, who also spoke on behalf of several business organizations, including the Durango Chamber of Commerce.
“I firmly believe an employer is going to appreciate an applicant telling the truth from the start, instead of finding out something later on in the process ...” Furman continued. “The more restrictions employers have on operating their business, the harder it becomes to hire individuals.”
Nothing in the legislation would prohibit employers from ultimately asking the question. Once an applicant is given an interview, then an employer would be allowed to check history.
