New Jersey Needs Fair Chance Hiring
With some reformation, the current ban-the-box law can reduce recidivism while promoting equality and opportunity for all citizens. To help stop recidivism and improve reentry for people coming home from incarceration New Jersey must do more than just ‘Ban The Box’
New Jersey could get a lot closer to true equality for all citizens with just a few changes. In fact, New Jersey’s progress has been largely stalled by one major obstacle: the “ban the box” law that prohibits employers from asking about an applicant’s criminal history on initial job applications.
New Jersey’s ban-the-box law is a step in the right direction, as it allows people who have paid their dues to reintegrate into society. The law works well for people with a conviction in their past — primarily those who have committed non-violent crimes — as it gives them an opportunity to prove themselves at an initial interview.
However, the law is ambiguous in its application, as it includes misdemeanors that are typically “small fish” to many employers. These include failure to pay traffic tickets, possession of marijuana in public view, and minor identity-theft charges. These are not “criminal” but rather “miscellaneous” violations that do not increase the risk of recidivism.
Instead, we need to focus on a more legitimate barrier to employment: conviction for a violent crime. There is no reason why employers should have to ask about any criminal conviction, regardless of its severity. Many employers and job seekers have valid reasons for their past convictions, but they shouldn’t have to explain themselves in order to work and support themselves and their families.
If New Jersey took the next step to ensure that employers couldn’t ask about criminal history until a conditional job offer is made, there would be more equality in the workplace. The state’s residents would be able to spend less time finding and maintaining employment, and more time working and supporting their families’ growth.
This change would also bring much-needed equity to minority citizens of all races, who are disproportionately affected by criminal history. Citizens with a conviction for a violent crime should not feel like they are automatically barred from employment opportunities. Moving forward, New Jersey’s government should look at how it can help previously incarcerated people go to work, rather than continue to punish them with more laws. Instead of simply focusing on banning employers from asking about a criminal record, New Jersey should be looking at how it can help people transition successfully from prison to freedom.
We can and should do more to help formerly incarcerated individuals earn a living. The most effective way to do this is by creating fair chance hiring laws that would prevent employers from asking about any type of criminal conviction on initial job applications.
Job applicants should be judged on their qualifications and skills, not their past mistakes. They have been punished, and deserve the opportunity to do so again in a meaningful way that supports their rehabilitation and helps reduce recidivism. True equality means giving everyone the chance to succeed.
