The best employer-employee relationships are based on mutual fairness.
That raises a question: Is it fair to both parties to require a potential employee to disclose criminal history at the time of application?
Democratic Gov. Jay Nixon believes initial disclosure is detrimental to qualified applicants. Earlier this month, he signed an executive order requiring state agencies to “ban the box†regarding criminal history on initial job applications. The issue was explored in a story published in the recent #jcmo Inside Business, included in Monday’s News Tribune.
Some state legislators are supporting a proposed law to extend the prohibition from state agencies to statewide. A measure by state Rep. Randy Dunn, D-Kansas City, would bar private employers with at least six workers from inquiring about a job applicant’s criminal history until extending a conditional job offer.
Among the measure’s provisions, exemptions would apply to specified employers, including religious organizations, law enforcement agencies, the state Department of Corrections and others. In addition, a conditional offer could be rescinded only if the applicant’s criminal background is “rationally related†to the job responsibilities.
Some business groups have voiced concerns. Among them are the fear the bill would complicate and lengthen the hiring process, and that hiring disputes based on “rational relation†could lead to lawsuits.
Supporters contend “ban the box†efforts will decrease prison recidivism and is a matter of fairness for previous offenders who have, proverbially, “paid their debts to society.â€
In signing his executive order, Nixon said: “This is about fairness. Giving folks a fair chance to redeem their lives, support their families and make a contribution to their communities, is a value we share as Missourians and as Americans.â€
Paula Benne, who helps match employers and employees as owner of C&S Business Services, sees both sides of the issue. Although she fears the proposal may do little more than complicate the hiring process, she acknowledges: “I’ve got a good many individuals who have made a mistake years ago, and it haunts them — and they are great employees.â€
The advent of treatment courts provides an option for some offenders to avoid criminal records by successfully completing court-ordered programs, but those options are not available in every county.
The criminal justice system is about more than incarceration. The Department of Corrections, as its name implies, provides restorative justice programs, education and vocational training, and certification in some professional careers.
Despite the time, energy and tax dollars devoted to these programs, previous offenders are at a competitive disadvantage when they must begin their job search by checking the criminal history box.
A person’s criminal history is a fact, but it also is a fact that people can and do change. Justice requires punishment for certain behaviors, but extending punishment indefinitely is neither justifiable nor fair.