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1 The Impact of Ban the Box on Recruitment Students Name: Institutional Affiliation: Course: Tutors Name: Date:

2 Provide a Historical Perspective and Evolution of Ban the Box Legislation. A campaign by American advocates for ex-offenders aimed at removing the check box that enquires if the applicant has a criminal record from the hiring application before giving them the job. This campaign is named Ban the Box. The campaign started in the late 90s in Hawaii. A decade later, Minnesota joined the campaign and a movement was born. It has grown in other U.S states following the 2006-2007 slowdown. However, in 2005, San Francisco initiated an "all of us or none" resolution in order to do away with hiring discrimination against individuals with criminal records. This was implemented by doing away with the criminal history inquiries on applications for government employment. An American retail corporation, Target Corporation, implemented the ban the box policy in 2013 October. The campaign was launched in the United Kingdom in October 2013 by charity business in the community. Corporate social responsibility advocacy. In 2014, San Francisco expanded the 2005 Ban the Box policy on public employment to include private employers. By 2016, 150 cities and 25 states had in place the ban the box legislation for government job applications. In some cases, it was also implemented on applications for private contractors. By 2018, 11 U.S states ordered that questions about the criminal record of an applicant be removed from job applications for private employers. In 2020, the states of Oakland and California adopted a ban the box law in housing, this ban prevents landlords from inquiring about the criminal history of an applicant or conducting a criminal background check. Property owners that fail to adhere to the ordinance are exposed to severe damages in a civil law court. What are the Socio-economic Benefits of Implementing a Ban the Box Policy? Removing the hurdle to employment for individuals with criminal records increases the governments’ revenue funds . For example, a study in Philadelphia showed that giving

3 jobs to 100 former ex-convicts increases income tax by $1.9 million. It increases the sales tax by $770,000. It also leads to reduced criminal justice costs that result from individuals reengaging in crime. Employment helps to reduce rearrests and re-imprisonments; this, in turn, reduces prison costs, which greatly strains the local budget. A non-profit organization in Washington D.C, which hires individuals that have been released from prison, reports that the program does away with $2.4 million in prison costs annually. When individuals with criminal records get jobs, cases of recidivism go down and this helps to increase public safety. Studies have shown that gainful employment has proven to be successful in reducing recidivism. After convicted persons have been released, ones who find employment are more likely to not commit any additional crimes as compared to those who are unable to secure jobs. Employers are advantaged by fair hiring policies like ban the box. Studies have proved employees with criminal records to be more productive on a job as compared to those without criminal records. A study on the United States military supports this conclusion. The military recruits individuals with felony convictions and provides waivers to those who exhibit good moral character. Freshmen with felony records are 33% more likely to be promoted to sergeant as compared to those with no criminal history. Increasing employment opportunities also improves the spending and economic conditions in communities that are greatly affected by mass arrest and or imprisonment. John Santa observed that, when individuals that have been released from prison obtain and keep jobs, the whole community benefits. This is because; the ex-convicts become new employees who pay taxes and contribute to the local economy as productive members of the community. Present an Employer’s Argument for not implementing a Ban the Box Policy

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4 Employers want to hire honest and peaceful individuals who will not be taken off the job because of an arrest or a conviction. Many ex-convicts can make good employees but employers still do not want to employ them. The uncertainty that comes with employing an ex-con is mainly because, averagely, ex-convicts are more likely to have engaged in dishonest, violent antisocial behavior as compared to non-offenders. This therefore, makes them more likely to engage in similar behaviours in the future. Two-thirds of ex-convicts that have been released from prison are re-arrested within three years. Characteristics cannot be observed through job applications, and although some can be derived from an interview, one has to first decide which applicants to consider for the interview. Employers, therefore, result in excluding certain groups of persons that are most likely to have criminal records. Employers can only dismiss one's application if the person's prior convictions are directly linked to the position being applied for. Some employers fear that Ban the Box policy will expose them to litigation. The cost of banning the box is also another major concern for employers. This is because many laws often allow criminal background checks to be conducted after a job offer has been made. Employers are not able to abort the hiring process because they are required to go through the interview process and make a job offer. Employers also feel not knowing about the applicant's past discourages transparency. The applicants know that the conversation about their past criminal record will be held later after a job offer has been made. They, therefore, leave out crucial information that might affect their chances of getting the job. This fear of lack of transparency from the applicants makes employers opt not to adhere to Ban the Box policy. Discuss the Unintended Consequences of Implementing Ban the Box

5 When information about criminal record is taken away, employers result to using other information that may not be accurate to try to determine who has a criminal record . The focus on characteristics like race and gender, because study shows that

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