NOTE: The Fair Chance Act was signed into law on December 20, 2019, as Public Law 116-92, but its provisions will not take effect for a two-year period after enactment. The Fair Chance to Compete for Jobs Act of 2019 passed the House on December 11 and the Senate on December 17 with bipartisan support, as part of the National Defense Authorization Act of 2020. If signed into law, this would be the first piece of federal legislation in over a decade to provide a degree of relief from discrimination based on criminal record. The Fair Chance Act would amend…
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Strong momentum for fair-chance hiring and occupational licensing reform in 2017
The following piece by Beth Avery was originally published on the blog of the National Employment Law Project. Building upon the successes of 2016, legislatures across the country are off to a strong start this year toward adopting laws that increase fairness in hiring and employment opportunities for the one-in-three U.S. adults with arrest or conviction records. This progress should come as no surprise—in recent years broad support has emerged from coast to coast for a number of reforms that address the criminal justice system and its disproportionate impact on people of color. Along with critical efforts to increase…
Read moreFair employment news and resources
The National Employment Law Project (NELP) recently published its November 2016 On the Record: Fair Employment newsletter which provides links and information on a number of interesting developments related to collateral consequences and criminal record mitigation. The full newsletter is available below:
Read moreHHS finalizes rules on child care worker screening
In February we posted about regulations proposed by the federal Department of Health and Human Services (HHS) to implement criminal history screening requirements for child care workers under recent changes to the Child Care and Development Block Grant Act of 2014. The CCRC joined a coalition of organizations led by the National Employment Law Project (NELP) in calling upon HHS to reconsider the proposed regulations. In a formal comment submitted to HHS, the coalition argued that the regulations contained screening standards that were more exclusionary than the Act requires, and that they would have a disparate impact on women, African Americans, and Latinos….
Read more“Racial profiling in hiring: A critique of new ban-the-box studies”
In June we covered two recent studies that concluded ban-the-box policies tend to decrease minority hiring because some employers use race as a proxy for criminal history. In other words, in the absence of information about applicants’ criminal history, some employers assume that minority applicants have a record and exclude them on this assumption. The result is that ban-the-box policies increase opportunities for whites with a criminal record but decrease them overall for minorities, and thus encourage unlawful discrimination. Some observers, including one of the study authors, advocated for the repeal of ban-the-box policies based on those conclusions. Last week, the National Employment Law Project (NELP) published…
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