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A Fair Chance at Opportunity: The U.S. Government Bans the Box

The Fair Chance Act is a critical step to ensuring that a criminal history will not deny anyone the opportunity to succeed in today's economy.
Kanya Bennett,
Former Senior Legislative Counsel,
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Sakira Cook,
Director of the Justice Reform Program,
Leadership Conference on Civil and Human Rights
Maurice Emsellem,
Fair Chance Program Director,
National Employment Law Project
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December 20, 2019

When Rep. Elijah Cummings (D-Md.) the earlier this year, he said: 鈥淭his bill would give individuals who are reentering society from prison a fair chance at truly achieving the American dream.鈥 The Fair Chance Act would ban the box that employers use to ask about arrest and conviction history on job applications. It also requires that federal agencies and contractors subject a prospective employee to a criminal background check only after a conditional job offer is made. 

As such, qualified workers with arrest or conviction records can now compete fairly for employment with the in the world, the U.S. government.

This week, Rep. Cumming鈥檚 鈥 who until his death in October, was 鈥渃ommon sense criminal justice reforms鈥 for Marylanders and the more than Americans who have criminal histories 鈥 dream has been realized with Congress the Fair Chance Act to the president鈥檚 desk.

In addition to Congressman Cummings, Rep. Doug Collins (R-Ga.) and Sens. Cory Booker (D-N.J.) and Ron Johnson (R-Wis.) led the effort to 鈥渂an the box鈥 at the federal level. Our organizations were pleased to rally for this bill鈥檚 enactment as part of a bipartisan coalition that included , , , and . 

Gainful employment is critical to a person鈥檚 successful reentry to society after incarceration and the single most important predictor of whether or not a person will return to prison. But 75 percent of formerly incarcerated people are unemployed a year after release because of employer discrimination against people with criminal records. For Black people, a criminal record means not getting a job interview 40 percent more often than white people with similar histories. With 650,000 Americans returning to communities from prison each year, employers must eliminate barriers to jobs. 

Now, the federal government will serve as a for fair chance hiring, along with 35 states, the District of Columbia, and over 150 cities and counties that have ban the box policies. This cohort includes many private sector entities as well, with over 100 companies joining the issued by the Obama White House, which coincided with federal ban the box implemented under that administration in 2015. The impetus for the Obama administration鈥檚 actions was the Fair Chance Act that had first been introduced months before in the 114th Congress.             

Four years later, the Fair Chance Act is now law, standing to benefit more than new job applicants every year. Fair Chance is a laudable accomplishment for congressional leaders, like Congressman Cummings, and criminal justice reform advocates, like our organizations, who understand that a criminal history should not deny anyone an opportunity to succeed in our economy. Though our work will continue to advance additional fair chance hiring practices in and the private sector, this week鈥檚 win on Fair Chance is a critical step in the right direction.

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