National Employment Law Project

Updated July 22, 2008

Major U.S. Cities Adopt New Hiring Policies Removing Unfair Barriers to Employment of People with Criminal Records

Several urban areas across the United States (including Boston, Chicago, Minneapolis, San Francisco, St. Paul and the Counties of Alameda and Multnomah) have adopted significant new policies to limit discrimination in city and county jobs against people with criminal records. As Mayor Richard Daley explained when he announced Chicago's new hiring policy, "Implementing this new policy won’t be easy, but it’s the right thing to do. . . . We cannot ask private employers to consider hiring former prisoners unless the City practices what it preaches."

Urban communities are ground zero for the record numbers of people with a criminal record who are now struggling to find work and contribute to their communities. More cities are taking on this "reentry" challenge by adopting a new "smart on crime" agenda which promotes public safety by creating more employment, housing and drug treatment opportunities. In the process, more cities are also evaluating local policies that create unnecessary barriers to employment of people with criminal records. As summarized below, a growing number of cities and counties have also taken the critical first step by removing unfair barriers to employment in their hiring policies. Of special significance, these communities have now removed the question on their job applications asking for an individual's criminal history, thereby deferring the criminal background check until the later stages of the hiring process.

1. New City Hiring Policies

*City of Boston Hiring Policy and City Council Ordinance

Since 2004, the City of Boston has implemented policies that limit discrimination against people with criminal records in city government positions. In 2005, Boston's City Council ordinance extended the requirements of the City's hiring policy to an estimated 50,000 private vendors that do business with the City. The law, which took effect July 1, 2006, was backed by a broad community coalition called Massachusetts Alliance to Reform CORI (MARC).

According to the ordinance, vendors contracting with the City of Boston are required to make a "good faith" determination of whether a criminal background check is required for a particular position (law enforcement and other occupations that require background checks by law are exempted). In addition, the vendors must wait to conduct a criminal background check until the job applicant is found to be "otherwise qualified" for the position, which typically means the background check is not conducted until a conditional offer of employment is made by the vendor. This critical protection ensures that everyone is first considered for employment based on their actual skills and experience before the vendors consider the age and seriousness of the crime and the "occurrences in the life of the Applicant since the crime(s)." The Boston ordinance also creates important appeals rights for those denied employment based on a criminal record and the right to present information related to the "accuracy and/or relevancy" of the criminal record.

In addition to the protections that now apply to City vendors, in the fall of 2006, the City of Boston also revised its job application by removing the questions about criminal history. Also significant, the revised City job application leads off with an anti-discrimination statement providing notice that the City complies with all state and federal equal employment opportunity laws, while also listing "ex-offender status" as a classification protected under the civil rights laws.

Resources:
-Boston City Council Ordinance, click here.
-City of Boston Job Application, click here.

Local Contacts:
Councilman Chuck Turner
Boston City Council
chuck.turner@cityofboston.gov

*City of Cambridge Hiring Policy and City Council Ordinance

In May 2007, the City of Cambridge implemented policies similar to the City of Boston that limit discrimination against people with criminal records in city government positions. In January 2008, the Cambridge City Council also passed an ordinance extending the requirements of the City's hiring policy to private vendors that do business with the City.

Consistent with the City’s hiring policy, the ordinance requires that vendors contracting with the City of Cambridge wait to conduct a criminal background check until the job applicant is found to be "otherwise qualified" for the position. To determine the applicant’s suitability for the position, vendors are required to consider a variety of factors including “the relevance of the crime to the position sought;” the age and seriousness of the crime, and evidence of rehabilitation. In addition, the Cambridge ordinance requires the vendor to notify the applicant if the employer plans to make an adverse decision based on his or her criminal record. The applicant must be provided with a copy of the criminal record and be given the right to present information related to the accuracy and relevancy of the information reported.

Resources:
-Cambridge City Council Ordinance, click here.

Local Contacts:
Councilman Brian Murphy
Cambridge City Council
brian@brianmurphy.org

Omar Bandar, Former Special Assistant to the Mayor of the City of Cambridge
bandar_omar@hotmail.com

Tony Winsor
Massachusetts Law Reform Institute
EWinsor@mlri.org

*City of Chicago Hiring Policy

In May 2004, Chicago Mayor Richard Daley created the Mayoral Policy Caucus on Prisoner Reentry, bringing together government and community leaders to address the challenges facing 20,000 people each year who return to Chicago after being released from prison. In January 2006, the Caucus issued a major report calling for broad ranging reforms of City policy. With regard to city hiring, the report recommended that the Mayor "Adopt internal guidelines for the City of Chicago's personnel policies regarding criminal background checks, and advocate for fair employment standards."

At the same time that the report was released, Mayor Daley announced several major "reentry" initiatives, including reform of the City's hiring policies as recommended by the Caucus. The Mayor's press release described a new hiring policy requiring the City to "balance the nature and severity of the crime with other factors, such as the passage of time and evidence of rehabilitation . . . . Put more simply, this change means that City hiring will be fairer and more common sense." The Mayor added, "Implementing this new policy won't be easy, but it's the right thing to do . . . We cannot ask private employers to consider hiring former prisoners unless the City practices what it preaches."

Implementing the Mayor's new hiring policy, the City Department of Human Resources has issued guidelines imposing standards on all City agencies regulating hiring decisions related to people with criminal records. For the first time, the City of Chicago now requires all agencies to take into account the age of an individual's criminal record, the seriousness of the offense, evidence of rehabilitation, and other mitigating factors before making their hiring decisions. As part of the new hiring process, the City of Chicago also revised its job application in February 2007 to remove the question about criminal history. Instead, after a conditional offer is made the applicant fills out a screening questionnaire card that requires disclosure of the criminal record.

Resources:
-Mayor Daley's Press Release (January 24, 2006), click here.
-Report of the Mayoral Policy Caucus on Prisoner Reentry (January 2006), click here.
-City of Chicago Job Application, click here.

*City of Minneapolis Resolution

On December 22, 2006, the City Council of Minneapolis passed a resolution modeled after the Boston ordinance which requires the City to “make a good faith determination as to which specific positions of employment are of such sensitivity and responsibility that a background check is warranted.” In those cases where a criminal background check is then required, “the City will not conduct that check until after the applicant is determined to be otherwise qualified for that position . . . . “ In addition, the resolution expressly requires the City to “revise its employment application to eliminate the box requiring disclosure of past criminal records on applications for public employment . . . .”

Resources:
-Minneapolis City Council Resolution, click here.

Local Contact:
Councilmember Elizabeth Glidden
Minneapolis City Council
Elizabeth.Glidden@ci.minneapolis.mn.us

Guy Gambill
Center on Crime and Justice
gambillg@crimeandjustice.org

*San Francisco "Ban the Box" Policy

The campaign to "ban the box" on San Francisco's applications for public employment was led by All of Us or None, a community-based organization of formerly-incarcerated people and their families.

Like most government employers, the City and County of San Francisco required all job applicants to check off a box on their initial job application indicating whether they have been "convicted by a court." In addition, job applicants were required to list all their convictions, no matter the age or seriousness of the offense. All of Us or None's investigation of this hiring policy revealed that it unfairly discriminated against people with criminal records because it discouraged them from even applying for City and County jobs. The policy was also found to limit the hiring pool of qualified candidates for public employment.

In October 2005, the San Francisco Board of Supervisors approved a resolution initiated by All of Us or None that called on the City and County of San Francisco to eliminate hiring discrimination against people with criminal records by removing the requirement that criminal history information be provided as part of the initial job application for public employment. A new hiring policy has since been adopted by the Civil Service Commission of the City and County of San Francisco and the Department of Human Resources.

Like Boston's ordinance, San Francisco's new policy (which took effect in June 2006) seeks to prevent discrimination on the basis of a criminal record by removing conviction history information from the initial application. Instead, an individual's past convictions will not be considered until later in the hiring process when the applicant has been identified as a serious candidate for the position. The only exception is for those jobs where state or local laws expressly bar people with convictions from employment. These applicants will still be required to submit conviction history information at the beginning of the hiring process. Unlike the Boston ordinance, San Francisco's policy only applies to public employment, not to private vendors that do business with the City or County of San Francisco.

Resources:
-San Francisco Department of Human Resources Policy, click here.
-San Francisco Board of Supervisors Resolution, click here.
-San Francisco Job Application, click here.

Local Contacts:
Ted Yamasaki, Managing Deputy Director
San Francisco Human Resources Department
ted.yamasaki@sfgov.org

On December 5, 2006, Mayor Christopher Coleman of St. Paul issued a memo to the City Council directing the City’s Human Resources Department to reform its hiring process. According to the new procedure, the City will remove the criminal history question from its job applications and delay the criminal background check until the final stages of the hiring process. In the memo, the Mayor also called on the private sector to play a major role promoting reforms that remove unfair barriers to employment of people with criminal records. Citing a leading report issued by the Council on Crime and Justice, which includes recommendations on city hiring policies, Mayor Coleman indicated he will send a letter to “CEOs emphasizing the value of the Council on Crime and Justice’s report and encourage adoption of a similar policy.”

Resources:
-Mayor Coleman’s Memo to the City Council, click here.
-Report of the Council on Crime and Justice, click here.

On December 5, 2007, with the backing of Mayor Sheila Dixon, the City of Baltimore’s Board of Estimates unanimously approved changes to the City’s administrative hiring policy. The Board of Estimates, which is composed of the Mayor, President of the City Council, Comptroller, City Solicitor, and Director of Public Works, is the governing body that oversees the fiscal and administrative functions of the City. In accordance with the new policy, the City has removed the criminal history question from its job application. Applicants will not be asked about their criminal history on the initial application. Instead, where applicable, the applicant’s criminal history will be reviewed at the final stages in the hiring process.

On June 3, 2008, the City of Battle Creek adopted a new hiring policy that "abolishes the ‘unwritten rule’ that precludes the city from hiring an individual with a criminal record" and also requires vendors who do business with the City to develop a similar hiring practice. The policy, which requires vendors who contract with the City to submit proof of their hiring policy with any bid or proposal, was developed by the Mayor’s Felon Re-entry into the Workforce Committee and approved by the Battle Creek City Commission. According to Mayor Mark Behnke, who supported the policy as a way to breakdown barriers to employment for people with convictions, the policy is the first of its kind in Michigan.

Resources:
-City of Battle Creek Ordinance, click here.
-Detroit Free Press Editorial, click here.

*County of Alameda (Oakland Area) Pilot Program

On October 3, 2006, the Alameda County Board of Supervisors unanimously adopted a resolution urging the Civil Service Commission and the Department of Human Resources to implement a "pilot project, revising the means and timing of when applicants are required to disclose past criminal history records upon the application for public employment in the County of Alameda in order to mitigate or eliminate the negative impact against individuals who have been incarcerated or otherwise have criminal convictions to assist with the successful reintegration into the community."

Under the pilot program, which began in April 2007, Alameda County removed the question on the job application that required all applicants to list their criminal convictions. Modeled after the San Francisco policy, the criminal history inquiry now takes place later in the hiring process. In addition, to protect against potential discrimination a special unit in the Human Resources Department performs an analysis to determine if the conviction is, in fact, related to the specific functions of the job.

Resources:
-Board of Supervisors Resolution, click here.

Local Contacts:
Rodney Brooks, Chief of Staff
Office of Supervisor Keith Carson
rodney.brooks@acgov.org

On October 1, 2007, Multnomah County removed the question about criminal history from both on-line and hard-copy applications. The Multnomah County policy is similar to the policy implemented in the City and County of San Francisco. The Portland-based group, Partnership for Safety and Justice, was instrumental in the adoption of the new county hiring policy as part of their "Think Outside of the Box" campaign.

When an applicant's criminal history is considered, at a later stage of the hiring process, the Multnomah County policy requires an individualized determination of whether the conviction bears a rational relationship to the job. According to the policy, important factors to consider include the nature of the crime for which the applicant was convicted; any positive changes demonstrated since the conviction; the age at time of arrest; and the amount of time that has elapsed since the arrest occurred.

On April 22, 2008, acting upon the recommendation of Justice and Public Safety and the Director of Human Resources for Travis County, the Travis County Commissioner’s Court voted to remove the question about an applicant’s criminal history from county job applications. The Travis County Reentry Roundtable Report, which was completed in 2007, recommended changes to the county’s hiring practice as a key way to increase employment opportunities for people reentering the community.

In order to foster better integration of people with criminal records into the county workforce, the Human Resources Department will train hiring managers to consider “circumstances such as length of time since offense, seriousness of the offense, frequency of criminal incidents, and other mitigating factors.” An additional training will be developed to assist all new employees, including people with criminal records, in adapting to the workplace environment. Also significant, the Human Resources Department is developing a brochure highlighting the new county hiring guidelines that will be disseminated at job fairs and other recruiting events.

Resources:
Memo from Travis County Director of Human Resources, click here.
Travis County Guidelines for Hiring Ex-Offenders, click here.
Proposed Changes to Travis County Job Application, click here.

2. Proposed City and County Initiatives (pending as of March 5, 2008)

*County and City of Los Angeles

There are separate measures pending before the Los Angeles County Board of Supervisors and the Los Angeles City Council to review their hiring policies related to people with criminal records. On May 23, 2006, the Los Angeles City Council debated a resolution (click here) sponsored by Councilwoman Jan Perry, which resulted in a decision by the Council to order a study of hiring practices by the Los Angeles Department of Human Resources.

On February 26, 2007, following a complete review of the City's hiring practices, the City of Los Angeles' Personnel Department made a recommendation to the Los Angeles City Council to remove the criminal history question from the job application. The Personnel Department's report (click here) determined that the "removal of the conviction history question...will not prevent the City from meeting its responsibility to citizens and employees." The report specifically recommends that review and evaluation of a candidate's criminal history occur "later in the selection process, when the candidate is being considered for appointment."

On November 22, 2006, the Los Angeles Board of Supervisors held a hearing on a motion (click here) sponsored by Supervisor Yvonne Burke, which featured supporting testimony from Congresswoman Maxine Waters, other prominent community leaders, grassroots organizations, and people with criminal records seeking work. The measure is still pending before the Board of Supervisors.

On July 10, 2006, Newark's newly-elected Mayor, Cory A. Booker, released his 100-day plan which prominently featured a "prisoner re-entry initiative" to "reduce legal restrictions in municipal hiring and contracting for residents with criminal records, where appropriate." The initiative would authorize criminal background checks "only after an individual is determined to be otherwise qualified for a position for which certain kinds of convictions are deemed relevant."

*City & County of Philadelphia

The Philadelphia City Council is considering a bill (click here) that will change the hiring practices of City government and City contractors. The bill will remove the question about criminal history from the job application. In addition, similar to the Boston ordinance, the bill requires "covered employers to make a good faith determination of whether a criminal background check is needed for a particular job." Further, when a criminal background check is completed and may lead to disqualification of the applicant, the applicant must be given a copy of the criminal record report considered and five business days to correct any inaccuracies. The bill also prohibits covered employers from inquiring about arrests that do not lead to a conviction. A hearing on the bill was held in November 2007, and the bill is still pending. (Click here for hearing testimony, prepared by Sharon Dietrich of Community Legal Services in Philadelphia.)

In March 2007, Oakland's newly-elected Mayor Ron Dellums announced an effort to alter the City of Oakland's job application form to remove questions about past criminal histories. Mayor Dellums included the proposal in his agenda to find "new and creative" ways to address violent crime in Oakland. All of Us of None, a local community organization, is working with the City to implement the Mayor's plan.

New York Times Editorial (Excerpted below)
"Cities That Lead the Way" (March 31, 2006)
"Three cities -- Boston, Chicago and San Francisco - have taken groundbreaking steps aimed at de-emphasizing criminal histories for qualified applicants for city jobs, except in law enforcement, education and other sensitive areas where people with convictions are specifically barred by statute. . . . Taken together, the recent developments in Boston, Chicago and San Francisco symbolize a step forward in terms of fairness for law-abiding ex-offenders, who are often barred from entire occupations because of youthful mistakes and minor crimes committed in the distant past."

Star Tribune Editorial (January 2, 2007)
"Twin Cities Adopt Smart Job Stances: Effort is to Help Stop Revolving Prison Door"
"As anyone who's spent time searching the Internet knows, background checks for criminal records are easier than ever to conduct; it's understandable that companies increasingly use them to pare job seekers. Neverless, a countervailing big-city trend has found its way to Minneapolis and St. Paul, and it deserves both explanation and praise. Both cities took steps in December to remove from initial job application forms the box requiring disclosure of a criminal record."

Austin American-Statesman Commentary (April 26, 2008)
"La Vigne: Aid Reintegration of Ex-prisoners" (Click here)
"Travis County commissioners made a heroic move this week, opening the doors to thousands of former prisoners who have hit a brick wall when seeking employment. The barrier? That little box on a county job application that asks if the applicant has been convicted of a crime. The banning of that box, a seemingly small gesture, will speak volumes to those trying to lead productive, law-abiding lives after spending time behind bars — and to local lawmakers throughout the nation."

*Reports

City of Los Angeles Personnel Department Report (Click here)

Report prepared for the City Council's Personnel Committee that recommends removal of criminal record questions from the City of Los Angeles' employment application.

"Ban the Box to Promote Ex-Offender Employment" (Click here)

Article by Jessica S. Henry and James B. Jacobs, published in Criminology and Public Policy, Vol. 6 No. 4, 2007, pp 755-762. Henry and Jacobs examine the movement to "ban the box," discuss the changes made by specific cities, pose questions about the effectiveness of the changes, and conclude that the "ban the box" is a smart societal investment.

National League of Cities Weekly Newsletter (Click here for the full article)
"Cities Adopt Hiring Policies to Facilitate Prisoner Reentry" (May 22, 2006)

"Major cities, including Boston, Chicago and San Francisco, have recently adopted new hiring policies that would reduce barriers to municipal employment for former prisoners. While former offenders would still be kept out of certain occupations, the policies align with a new public safety agenda in which cities are creating opportunities for employment, housing and drug treatment to reduce recidivism. By focusing on crime prevention, this 'smart on crime' approach responds to the disproportionate number of former offenders re-entering society through large U.S. cities. Polls show widespread support across America for rehabilitation as a public safety strategy."

National League of Cities Audio Conference, co-sponsored by the National Employment Law Project and the National HIRE Network (January 18, 2007)

Prepared by the National Employment Law Project and the National H.I.R.E. Network

4. Technical Assistance

For more information about city hiring policies that limit discrimination against people with criminal records, or for help developing similar policies for other cities, contact:

Maurice Emsellem
National Employment Law Project
Second Chance Labor Project
(510) 663-5700
emsellem@nelp.org
www.nelp.org

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